No. IMM-5183-97
FEDERAL COURT OF CANADA
(TRIAL DIVISION)
B E T W E E N :
IRSHAD AHMED CHEEMA
Applicant,
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION,
Respondent.
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P R O C E E D I N G S
BEFORE THE HONOURABLE MR. JUSTICE MAX M.
TEITELBAUM
Court Room No. 2
330 University Avenue, 9th Floor
on Tuesday, the 22nd day of October, 1998
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JUDICIAL REVIEW
REASONS FOR JUDGMENT
R E G I S T R A R : JIM OUTTRIM
C O U N S E L :
LARON PAUL HOPKINS, for the Applicant
agent for Angie Codina.
SUSAN NUCCI, for the Respondent
I N D E X O F P R O C E E D I N G S
Page No.
Reasons . . . . . . . . . . . . . . . . . . 3-4
---Court commenced at 10:00 a.m.
---Reasons commenced at approximately 10:40 a.m.
REASONS FOR JUDGMENT:
THE COURT: I think I can render my decision now.
I have no doubt that this appeal is not made frivolously, but I must say, with all due respect to your client, that there is nothing that I could find invalid with regard to the decision of the Minister.
The Minister's representative, Dr. Leclair, verified every document that was put before her. She considered every medical report that was put before her, and I am satisfied having read her affidavit, and having read all of the material in this file, that her decision is not patently unreasonable, but, in fact, is quite reasonable.
I have no doubt that an individual child coming from where the Applicant's child comes from, and believing that the Applicant's child is illiterate, would not score very high on an I.Q. test, but nevertheless, I see conflicting medical reports submitted by the Applicant. Not only that, but the medical reports as Dr. Leclair states, are so general that I myself probably would not have given the medical reports very much weight had I been in Dr. Leclair's position. But I am not, and I am not deciding that.
I have no medical expertise, but I am satisfied that the decision made by Dr. Leclair was more than reasonable. For that reason I have no choice but to deny the application.
I want to add that I appreciate the manner in which this application was submitted or pleaded before me today.
The application is dismissed.
There is no question to be certified because neither party submitted a question for certification. Thank you both very, very much.
THE REGISTRAR: This matter is concluded. Court is now adjourned until 2:30 p.m. today.
---Whereupon, the case was adjourned at 10:45 a.m.
The foregoing is CERTIFIED to be a true and accurate transcription of my shorthand notes, to the best of my skill and ability.
as per:------------------------------- A.F. Galloway, Court Reporter
Toronto, October 23rd, 1998
Quality Control.
Dept.:..........