Date: 20000906
Docket: IMM-3776-99
BETWEEN:
MAGLOIRE BEMBA-MAYALA
Plaintiff
AND
MINISTER OF CITIZENSHIP
AND IMMIGRATION
Defendant
REASONS FOR ORDER AND ORDER
DENAULT J.
[1] The submissions of counsel for the plaintiff, though very able, could not persuade the Court that it should intervene to quash this decision of an immigration counsellor which dismissed the application for a ministerial exemption of the plaintiff on humanitarian grounds. The plaintiff married a permanent resident in Canada and wished to be exempted from the obligation of filing his application at a Canadian office abroad.
[2] In the case at bar, the analysis by the immigration counsellor1 and the notes2 which she took at the plaintiff's interview do not indicate that she failed to exercise procedural fairness in suspecting the bona fides of the marriage, especially after she communicated the information that the marriage had been contracted [TRANSLATION] "for immigration purposes" and that the plaintiff's wife had received $3,000, a fact which he did not deny.
[3] The record also did not establish, despite the allegations of bias contained in the plaintiff's affidavit and the absence of any denial by the immigration counsellor, that her conduct was so wrongful as to amount to bias.
[4] For these reasons, the application for judicial review is dismissed. There is no basis for certifying a serious question of general importance in the case at bar.
ORDER
The application for judicial review is dismissed. |
PIERRE DENAULT
Judge
Montréal, Quebec
September 6, 2000
Certified true translation
Suzanne M. Gauthier, LL.L. Trad. a.
Federal Court of Canada
Trial Division
Date: 20000906
Docket: IMM-3776-99
BETWEEN:
MAGLOIRE BEMBA-MAYALA
Plaintiff
AND
MINISTER OF CITIZENSHIP
AND IMMIGRATION
Defendant
REASONS FOR ORDER
AND ORDER
FEDERAL COURT OF CANADA |
TRIAL DIVISION |
NAMES OF COUNSEL AND SOLICITORS OF RECORD |
FILE: IMM-3776-99 |
STYLE OF CAUSE: MAGLOIRE BEMBA-MAYALA |
AND |
MINISTER OF CITIZENSHIP |
AND IMMIGRATION |
PLACE OF HEARING: MONTRÉAL |
DATE OF HEARING: SEPTEMBER 5, 2000 |
REASONS BY: DENAULT J. |
DATED: SEPTEMBER 6, 2000 |
APPEARANCES: |
Luc R. Desmarais FOR THE PLAINTIFF |
Daniel Latulippe FOR THE DEFENDANT |
SOLICITORS OF RECORD: |
Luc R. Desmarais FOR THE PLAINTIFF |
Morris Rosenberg FOR THE DEFENDANT |
Deputy Attorney General of Canada |