Federal Court Decisions

Date: 20100616

Docket: IMM-1724-09

Citation: 2010 FC 657

Ottawa, Ontario, June 16, 2010

PRESENT:     The Honourable Mr. Justice Zinn

BETWEEN:

Deisy Julieth DUITAMA GOMEZ, Edison Giovanni AMORTEGUI,
Daniel Alejandro AMORTEGUI DUITAMA, and Laura Sofia AMORTEGUI

Applicants

and

THE MINISTER OF PUBLIC SAFETY

AND EMERGENCY PREPAREDNESS

and

THE MINISTER OF CITIZENSHIP AND IMMIGRATION

Respondents

SUPPELEMENTARY REASONS FOR JUDGMENT AND JUDGMENT

[1]               I issued Reasons for Judgment in this application on June 1, 2010:  2010 FC 593.  The parties were permitted an opportunity to propose a question for certification.  The applicants have proposed the following question:  “Is the denial of a risk assessment of individuals seeking protection, where there has been no previous risk assessment, a violation of the principle of non-refoulement, and therefore, a violation of the Charter and international law?”

[2]               The test for certifying a question is whether there is “a serious question of general importance which would be dispositive of an appeal": Zazai v. Canada (Minister of Citizenship and Immigration), 2004 FCA 89, at para. 11.  The proposed question is a serious question of general importance, but it is not dispositive of an appeal.  The dispositive finding was that the application, as constituted, was not justiciable because it did not fall within the scope of section 18.1 of the Federal Courts Act.  In the alternative, the application was held to be moot and I refused to exercise my discretion to hear the matter on its merits.  The merits of the application, which is what the proposed question addresses, were never discussed because the application was not within the scope of the Court's jurisdiction and it was moot.

[3]               No question is certified.

JUDGMENT

THIS COURT ORDERS AND ADJUDGES that:

1. This application for judicial review is dismissed; and

2. No question is certified.

"Russel W. Zinn"

FEDERAL COURT

SOLICITORS OF RECORD

DOCKET:                                          IMM-1724-09

STYLE OF CAUSE:                          DEISY JULIETH DUITAMA GOMEZ ET AL v.

                                                            THE MINISTER OF PUBLIC SAFETY AND EMERGENCY PREPAREDNESS and THE MINISTER OF CITIZENSHIP AND IMMIGRATION

PLACE OF HEARING:                    Toronto, Ontario

DATES OF HEARING:                    February 24, 2010

SUPPLEMENTARY REASONS

FOR JUDGMENT AND

JUDGMENT:                                    ZINN J.

DATED:                                             June 16, 2010

APPEARANCES:

SOLICITORS OF RECORD: