Date: 19990526
Docket: IMM-5220-98
BETWEEN:
LATIFA CHATTAT
Applicant
AND
THE MINISTER
Respondent
REASONS FOR ORDER AND ORDER
BLAIS J.
[1] This is an application for judicial review of a decision by the Appeal Division of the Immigration and Refugee Board dated September 21, 1998. With that decision, the Appeal Division ordered the appeal dismissed for want of jurisdiction.
[2] The applicant"s appeal from the refusal of her husband"s sponsored application for landing was based on section 77 of the Immigration Act .
[3] In its decision, the panel said:
| [TRANSLATION] It is clear that the applicant and appellant do not have a husband-and-wife relationship. Furthermore, apart from the applicant"s intention to pursue his studies and find a good job in Canada, the panel cannot find on the documentary and oral evidence that he is not a person described in section 4(3) of the Regulations. |
[4] Counsel for the applicant ably argued that the panel should have regarded the applicant"s second marriage as a genuine marriage and should not have ruled that the appeal be dismissed for want of jurisdiction. Counsel for the respondent, on the other hand, clearly demonstrated that Abid Bahdine was truly part of the class of persons excluded under subsection 4(3) of the Regulations and that the Appeal Division was fully justified in making its findings based on the evidence before it.
[5] The Appeal Division"s reasons for decision show that the panel examined the detailed evidence before it and determined Abid Bahdine to be a person described in section 4(3) of the Regulations based on all the evidence. Because he was thus excluded from the "family class", the Appeal Division rightly held that it did not have jurisdiction to determine whether the refusal of the application for landing was justified.
[6] In my view, the intervention of this Court is unwarranted.
[7] The application for judicial review is accordingly dismissed.
[8] As the solicitors of record did not suggest any question, no question will be certified.
Pierre Blais
Judge
OTTAWA, ONTARIO
May 26, 1999
Certified true translation
Peter Douglas
FEDERAL COURT OF CANADA
TRIAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
COURT NO.: IMM-5220-98
STYLE OF CAUSE: Latifa Chattat
- and -
The Minister
PLACE OF HEARING: Montréal, Quebec
DATE OF HEARING: May 21, 1999
REASONS FOR ORDER OF BLAIS J.
DATED May 21, 1999
APPEARANCES:
Marie-Claude Paquette
FOR THE APPLICANT
Sylviane Roy
FOR THE RESPONDENT
SOLICITORS OF RECORD:
Marie-Claude Paquette
Montréal, Quebec
FOR THE APPLICANT
Morris Rosenberg FOR THE RESPONDENT
Deputy Attorney General of Canada