Date: 19990602
Docket: IMM-503-97
BETWEEN:
TANVIR FAROOQ
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER AND ORDER
BLAIS J.
[1] This an application for Judicial Review on a decision of the Immigration and Refugee Board dated January 14, 1997 wherein the Refugee Division determined that the applicant was not a convention refugee. The hearing of this application has been postponed twice upon request by the applicant. The first postponement was granted on January 13, 1998 due to whether condition in Montreal. The second one was granted on September 28, 1998 considering that the hearing date was a Jewish holiday. On January 28, 1999 the judicial administrator ordered that the hearing of this matter take place on Tuesday, June 1st, 1999. On May 31st, 1999 the applicant presented a motion to the Court under Rule 369 in Ottawa. On May 31st, 1999, Mr. Justice Pelletier adjourned the motion for adjournment to 9:30 a.m., June 1st, 1999 in Toronto, for the motion to be heard by the Judge scheduled to hear the application.
[2] The grounds for the motion in writing are: "The attorney for the applicant is unable to present himself for the hearing of this matter". And the reason why the attorney for the applicant is unable to present himself is that he will be travelling overseas on urgent basis on May 31st, 1999 and will be returning on June 1st, 1999 at midnight.
[3] The attorney for the respondent opposed the motion before the Court and told the Court that he has asked the attorney's employee in Montreal why the attorney for the applicant was travelling overseas. The attorney for the respondent told the Court that he never got a response.
[4] On June 1st, 1999 nobody showed up on behalf of the applicant to present the motion for postponement and to give an explanation about the reasons for the travel overseas on urgent basis as mentioned on the motion.
[5] Upon that, I am not convinced that this motion for adjournment be granted, this motion for adjournment is dismissed.
[6] Counsel for the respondent suggested that the applicant has the onus to convince the Court that there is an error in the decision of the Tribunal and given the absence of the applicant and of his counsel, the applicant failed to demonstrate that the Tribunal's decision should be reversed.
[7] The standard of review to be applied to judicial review of a decision of the Refugee Division dictates that this Court should not interfere unless the conclusion of the Tribunal are clearly unreasonable.
[8] The Tribunal in this instance has conducted a very detailed analysis of the applicant's situation and provided ample reasons to support its conclusion. The Tribunal correctly applied a case law to support its internal flight alternative finding and this Court finds no reasons to interfere with its conclusion.
[9] The Court also considers that it is unacceptable that counsel for the applicant did not show up and at the suggestion of counsel for the respondent the Court agrees that he will have to support personally the costs of this case.
CONCLUSION
[10] For those reasons, the application for judicial review is dismissed.
[11] No questions will be certified.
[12] This Court further orders that notice is hereby given in accordance with Rule 404(2) of the Federal Court Rules 1998 requiring Mr. Mark J. Gruszczynski, counsel for the applicant to make representations either in writing, which shall be filed and served no later than the 28th of June 1999, or by appearing in person before the Court at 9:30 a.m. on the 28th of June, 1999 at the Federal Court of Canada, 90 Sparks Street, 7th Floor, Ottawa, Ontario to explain why he should not be required to personally pay costs set at $500 as a result of his conduct in failing to appear without good cause to represent his client, the applicant, in the instant proceeding on Tuesday, June 1st, 1999 at 9:30 a.m. before the Federal Court of Canada, 330 University Avenue, 8th Floor, Toronto, Ontario.
"Pierre Blais"
Judge
TORONTO, ONTARIO
June 2nd, 1999
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
COURT NO: IMM-503-97
| STYLE OF CAUSE: TANVIR FAROOQ |
Applicant
| - and - |
| THE MINISTER OF CITIZENSHIP |
AND IMMIGRATION
Respondent
DATE OF HEARING: TUESDAY, JUNE 1, 1999
PLACE OF HEARING: TORONTO, ONTARIO
REASONS FOR ORDER AND
ORDER BY: BLAIS J.
DATED: WEDNESDAY, JUNE 2, 1999
APPEARANCES:
No appearance
For the Applicant
Mr. Brian Frimeth
For the Respondent
SOLICITORS OF RECORD:
ME MARK J. GRUSZCZYNSKI
BARRISTER AND SOLICITOR
Centre Professionnel de Westmount
4493, rue Sherbrooke ouest, Suite 100
Westmount, Québec, Canada H3Z 1E7
For the Applicant
| Morris Rosenberg |
Deputy Attorney General
of Canada
For the Respondent
FEDERAL COURT OF CANADA
Date: 19990602
Docket: IMM-503-97
Between:
TANVIR FAROOQ
Applicant
| - and - |
| THE MINISTER OF CITIZENSHIP |
AND IMMIGRATION
Respondent
REASONS FOR ORDER AND ORDER