Toronto, Ontario, June 6, 2007
PRESENT: The Honourable Mr. Justice Barnes
BETWEEN:
NUREDDIN SOLMAZ, SULTAN SOLMAZ, TAYYAR SOLMAZ, FATIH SOLMAZ
(by his litigation guardian, NUREDDIN SOLMA) and KUBRA SOLMAZ
(by her litigation guardian, NUREDDINSOLMAZ)
Applicants
and
THE MINISTER OF PUBLIC SAFETY & EMERGENCY PREPAREDNESS
Respondent
REASONS FOR JUDGMENT AND JUDGMENT
[1] This Application having come before the Court for argument on June 6, 2007, and upon hearing counsel for the parties.
JUDGMENT
THIS COURT ORDERS AND ADJUDGES that this application is dismissed for the following reasons:
1. This application arises out of an administrative decision refusing to defer the removal of the Applicants from Canada made in July of 2006. That decision was stayed by Order of this Court on August 2, 2006. By the time this application came before the Court, the serious issues identified in the stay decision were, in practical terms, academic. This case is on all fours with the decision of Justice Frederick Gibson in Higgins v. Canada (Minister of Public Safety and Emergency Preparedness), [2007] F.C.J. No. 516, 2007 FC 377 where a similar application was dismissed on the ground of mootness. I would resolve this application on the same basis.
FEDERAL COURT
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: IMM-4132-06
STYLE OF CAUSE: NUREDDIN SOLMAZ, SULTAN SOLMAZ, TAYYAR
SOLMAZ, FATIH SOLMAZ (by his litigation guardian,
NUREDDIN SOLMA) and KUBRA SOLMAZ
(by her litigation guardian, NUREDDINSOLMAZ) v.
THE MINISTER OF PUBLIC SAFETY &
EMERGENCY PREPAREDNESS
PLACE OF HEARING: Toronto, Ontario
APPEARANCES:
Hadayt Nazami For the ApplicantS
Michael Butterfield For the Respondent
SOLICITORS OF RECORD:
Hadayt Nazami
Jackman & Associates
Barrister & Solicitor
Toronto, ON For the ApplicantS
John H. Sims, Q.C.
Deputy Attorney General of Canada For the Respondent