Date: 20000818
Docket: IMM-4517-99
BETWEEN:
EVA ORGONA (a.k.a. KAROLYNE ORGONA)
and KRISZTINA ORGONA
Applicants
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
Docket: IMM-4335-99
AND BETWEEN:
KAROLY HORVATH, TIMEA SMAJDA, AMANDA HORVATH,
LAURA HORVATH, KAROLY HORVATH AND RAJMOND HORVATH
Applicants
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
Docket: IMM-48-00
AND BETWEEN:
AGNES VIMMER and MIKLOS MIHALOVITS
Applicants
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
Docket: IMM-1047-00
AND BETWEEN:
ATTILA ALBERT GYAPJAS
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
Docket: IMM-502-00
AND BETWEEN:
IMRE POLGARI, EVA PASZTORNE ROSZNYAI, SZABINA POLGARI,
GINA POLGARI and BARBARA MELINDA NAGY
Applicants
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
Docket: IMM-5890-99
AND BETWEEN:
SZILVIA SCHENKENE FARKAS, ZSOLT JANOS SCHENKER,
ANDRAS RICHARD SZTOJKA and SZILVIA SCHENKER
Applicants
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER AND ORDER
BLAIS J.
[1] This is a motion for an adjournment of the judicial review pending filing disposition in IMM-488-99 and IMM-491-99, currently being heard together before the Court.
[2] I have carefully reviewed the written submissions by both parties.
[3] It is my understanding that the two cases identified as IMM-488-99 and IMM-491-99 will be heard on August 28, 2000.
[4] This Court has not been persuaded that the applicants could suffer actual prejudice if the Court does not proceed with the cases at the date they were fixed in advance.
[5] The applicant failed to demonstrate that the outcome of the litigation involved in the two cases IMM-488-99 and IMM-491-99 have any bearing on the issues in the other judicial review applications.
[6] Also, the cases at bar involved the credibility issue and it should be decided on their own sets of facts and the results of other judicial review proceedings could not be determinative of the case at bar.
[7] For these reasons, the applicant"s motion for an adjournment is dismissed.
[8] I also reviewed the affidavit signed by Mr. William E.M. Naylor on August 4, 2000. My understanding is that Mr. Rocco Galati, counsel for the applicants is back to work since August 4, 2000, even though he was not available for some hearings in July 2000. Pursuant to the same affidavit, my understanding is also that dealing with the two cases IMM-488-99 and IMM-491-99 will also be helpful given that some facts are similar and with respect to country conditions and state protection as it was argued in paragraph 3 of the affidavit of August 4, 2000.
[9] Given all those reasons, the judicial reviews that were set for August 22, 2000 in IMM-4517-99, on August 24, 2000 in IMM-4335-99, on August 29, 2000 in IMM-48-00, on August 30, 2000 in IMM-1047-00, on September 29, 2000 in IMM-502-00, on October 25, 2000 in IMM-5890-99 will be heard on the date already set.
Pierre Blais Judge
OTTAWA, ONTARIO
August 18, 2000