IMM-2375-96
B E T W E E N:
JELENA ANIKINA AND ARTUR ANIKIN
Applicants
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER
HEALD, D.J.:
The applicant herein Jelena Anikina is the daughter of Klavdia Petrova, the applicant in Court File No. IMM-2374-96. The applicant herein Artur Anikin is the grandson of Klavdia Petrova, the applicant in file No. IMM-2374-96.
Since the issues in this application and the applicable facts herein do not differ appreciably from those in the case of Klavdia Petrova, supra. I conclude that the result must be the same and for the reasons expressed in Court File No. IMM-2374-96. A copy of those reasons are attached hereto.
Accordingly, the within application for judicial review is allowed, the decision of Immigration Officer K. Clemmens dated June 24th, 1996, is set aside and the matter is remitted for reconsideration and redetermination by a different Immigration Officer on the basis that the application for leave to commence an application for judicial review filed by Klavdia Petrova's counsel (Court File No. IMM-2374-96), on July 14th, 1995, should not be considered in determining the eligibility of the applicants herein under the Deferred Removal Orders Class.
Certification
Neither counsel suggested certification of a serious issue of general importance pursuant to the Section 83 of the Immigration Act. I agree with that view of the matter. Accordingly, no question will be certified.
"Darrel V. Heald"
D.J.
Toronto, Ontario
May 21, 1997
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
COURT NO: IMM-2375-96
STYLE OF CAUSE: JELENA ANIKINA AND ARTUR ANIKIN
- and -
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
DATE OF HEARING: MAY 20, 1997
PLACE OF HEARING: TORONTO, ONTARIO
REASONS FOR ORDER BY: HEALD, D.J.
DATED: MAY 21, 1997
APPEARANCES:
Mr. Lorne Waldman
For the Applicants
Ms. Lori Hendriks
For the Respondent
SOLICITORS OF RECORD:
Lorne Waldman
281 Eglinton Avenue East
Toronto, Ontario
M4P 1L3
For the Applicants
George Thomson
Deputy Attorney General
of Canada
For the Respondent
FEDERAL COURT OF CANADA
Court No.: IMM-2375-96
Between:
JELENA ANIKINA AND ARTUR ANIKIN
Applicants
- and -
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
REASONS FOR ORDER