Date: 19991215
Docket: A-129-97
CORAM: STONE, J.A.
LINDEN, J.A.
ROTHSTEIN, J.A.
BETWEEN:
SENAR SINNAPPU
THILAGAWATHY SINNAPPU
Appellants
- and -
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
Heard at Toronto, Ontario, Wednesday, December 15, 1999
Judgment delivered from the Bench at Toronto, Ontario
on Wednesday, December 15, 1999
REASONS FOR JUDGMENT OF THE COURT BY: STONE J.A.
Date: 19991215
Docket: A-129-97
CORAM: STONE, J.A.
LINDEN, J.A.
ROTHSTEIN, J.A.
BETWEEN:
SENAR SINNAPPU
THILAGAWATHY SINNAPPU
Appellants
- and -
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench at Toronto, Ontario
on Wednesday, December 15, 1999)
STONE J.A.
This case involves an appeal from a judgment of the Trial Division on an application for judicial review pursuant to the leave granted by the Trial Division.1
During the argument the Court was made aware of the fact that the appellants were granted landing in Canada on June 8, 1999. It seems to us, therefore, that the appeal should ordinarily be regarded as moot. Indeed counsel for the appellants stated that his clients "have absolutely no interest in this appeal".
It seems, however, the appeal was intended as a "test" case for the determination of a further number of cases involving the same issue and for which leave was similarly granted by the Trial Division to bring applications for judicial review. Those applications are still pending. We were advised by counsel that, while in many of those cases landing has been granted, in at least two of them landing has not been granted.
In these circumstances there would appear to be no basis for allowing this moot appeal to be heard and be judicially disposed of.
Accordingly, the appeal will be dismissed for mootness.
"A. J. Stone"
J.A.
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
| DOCKETS: A-129-97 |
| STYLE OF CAUSE: SENAR SINNAPPU |
| THILAGAWATHY SINNAPPU |
Applicant
| - and - |
| THE MINISTER OF CITIZENSHIP AND IMMIGRATION |
Respondent
DATE OF HEARING: WEDNESDAY, DECEMBER 15, 1999
PLACE OF HEARING: TORONTO, ONTARIO
REASONS FOR JUDGMENT
| OF THE COURT BY: STONE J.A. |
Delivered at Toronto, Ontario on Wednesday, December 15, 1999
APPEARANCES: Mr. Lorne Waldman
| For the Applicant |
Mr. Kevin Lunney
| For the Respondent |
| SOLICITORS OF RECORD: Jackman, Waldman & Associates |
Barristers & Solicitors
| 281 Eglinton Avenue East |
Toronto, Ontario
| M4P 1L3 |
| For the Applicant |
| Morris Rosenberg |
| Deputy Attorney General of Canada |
| For the Respondent |
FEDERAL COURT OF APPEAL
Date: 19991215
Docket: A-129-97
BETWEEN:
| SENAR SINNAPPU |
| THILAGAWATHY SINNAPPU |
Appellants
| - and - |
| THE MINISTER OF CITIZENSHIP AND IMMIGRATION |
Respondent
| REASONS FOR JUDGMENT |
| OF THE COURT |
__________________
1 The appellants have been unsuccessful in claiming refugee status, and then became subject to a removal order. The principal issue taken in the appeal is that the removal of the appellants from Canada in the way that it was carried out would violate the appellants" section 7 Charter rights.