Date: 19980818
Docket: IMM-171-98
OTTAWA, ONTARIO, THIS 18TH DAY OF AUGUST, 1998 BEFORE: THE HONOURABLE MR. JUSTICE TEITELBAUM
BETWEEN:
INEY PRIYANTHI FONSEKA RUWANTHI MANIK S. SEMBUGE DON FONSEKA
Applicants
-and
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
ORDER AND REASONS FOR ORDER
TEITELBAUM J.:
The application of the applicants is allowed. On May 29, 1998, Mr. Justice Campbell allowed the commencement of an application for leave and for judicial review of a decision given on August 5, 1997 by Immigration Officers Lou Manieri and Monica Oporto of Citizenship and Immigration Canada.
In looking at the decision of August 5, 1997, it states:
Page: 2
"re: 3243-0750" Spoke to Lou Manieri, he will delete IIVIM-1000. File should be assigned to an officer for review."
This decision is signed by "Monica" (Oporto).
With all due respect to Mr. Justice Campbell, I do not see an order or decision signed or made by Mr. Lou Manieri. Nevertheless, that is what Mr. Justice Campbell allowed on May 29, 1998.
In the order signed by Mr. Justice Campbell, he states that the Tribunal shall send copies of its record to the parties and to the Registry of the Court on or before June 19, 1998 unless it has already done so.
The evidence before me suggests that the Tribunal has not sent copies of its record to the parties nor to the Registry as of this date (July 13, 1998).
It is my understanding that the Tribunal has not done so because the Tribunal is of the opinion that no decision was made that is subject to judicial review.
With all due respect, it is not for the Tribunal to decide whether a decision has or has not been made that is subject to judicial review but for a judge of the Federal Court to make that decision and Mr. Justice Campbell made his decision on May 29, 1998.
Page: 3
It is therefore ordered that the Tribunal shall submit to the parties and to the Federal
Court Registry all relevant materials that were considered in making the decision of August 5,
1997 that states, and I repeat:
Spoke to Lou Manieri, he will delete IMM-1000 and the file should be assigned to an officer for review.
In the event that the material contains information that the respondent believes must be expunged pursuant to sections 37 and 38 of the Canada Evidence Act, the respondent shall submit an affidavit to the Court as to why certain information or material must be expunged and the Court will decide whether or not the information or material should be given to the applicants.
If the requested information or material has been given to the applicants by the Tribunal and that this fact is so stated in an affidavit, then the Tribunal will not, again, have to give the information or material.
After the respondent has provided the applicants with the required materials, the applicants will have a period of two weeks in which to serve and file a reply.
It is furthermore understood that the hearing scheduled for August 27, 1998 will not proceed and the parties, when they are ready, will make a request to the Associate Chief Justice for a date for the hearing of the judicial review application.
Page: 4
The issue of costs on this application will be determined by the judge who is to hear the judicial review application.
The above decision, with certain changes, was given orally by me at the hearing on July 13, 1998.
"Max M. Teitelbaum"
J. F. C. C.
FEDERAL COURT OF CANADA TRIAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
COURT FILE NO.: IMM-171-98
STYLE OF CAUSE: Iney Priyanthi Fonseka and others v. M.C.I.
PLACE OF HEARING: Toronto, Ontario
DATE OF HEARING: July 13, 1998
ORDER AND REASONS FOR ORDER BY: The Honourable Mr. Justice Teitelbaum
DATED: August 18, 1998
APPEARANCES
Mr. T. Viresh Fernando for the Applicants
Ms. Neeta Logsetty for the Respondent
SOLICITORS OF RECORD:
Mr. T. Viresh Fernando
Toronto, Ontario for the Applicants
Mr. Morris Rosenberg
Deputy Attorney General of Canada for the Respondent