Date: 20021001
Docket: IMM-1367-02
Neutral citation: 2002 FCT 1030
BETWEEN:
IRAJ REZAEI
Applicant
- and -
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
[1] The Court entertained a motion by counsel acting on behalf of the Immigration and Refugee Board on Monday, September 30, 2002, in which the Board sought intervener status in the above-styled judicial review application.
[2] The motion was opposed by the applicant; the Minister present though counsel took no position. A brief explanation giving rise to the request is mandated.
[3] The applicant in these proceedings, an immigration consultant, was subjected to proceedings before one Sherry Wiebe, Assistant Deputy Chairperson, Immigration Appeal Division, Vancouver, wherein by her decision dated March 14, 2002, upheld a previous determination wherein the applicant, after enquiry, was found to have conducted himself in a disrespectful manner during certain hearings before the Immigration and Refugee Board, and was subjected to disciplinary action taken by the Board.
[4] In his application for judicial review, the applicant seeks a number of remedies vis-a-vis the respondent, namely: the refusal of the Board to re-open the factual finding process; refusal to disclose certain material; questioning the jurisdiction of the Board to discipline those who appear before it; refusal of the chairperson to recuse herself; failure to communicate to the applicant the nature of the case he had to meet. To put it briefly, the applicant questions the jurisdiction of the Immigration and Refugee Board's authority to govern its procedures and impose disciplinary action.
[5] This application for judicial review was opposed by the Respondent Minister; it was nevertheless granted by Order of MacKay J. dated August 8, 2002, and the hearing is to proceed at Vancouver on November 6, 2002.
[6] The Immigration and Refugee Board seeks intervener status in the judicial review proceeding; it submits that the issues raised will seriously affect their jurisdiction as well as the ability to control their own procedure. I have not been convinced that the respondent could not adequately bring before the Court all relevant arguments which would substantially support the Immigration and Refugee Board's position.
[7] A brief review of the respondent's Memorandum of Fact and Law and the arguments submitted in opposition to the application for judicial review appear to satisfy me at this time that the Immigration and Refugee Board, if granted intervener status, would assist in the determination of the factual and legal issues related to the proceedings (Rule 109(2)(b) Federal Court Rules).
[8] According to the Order of MacKay J. dated August 8, 2002, that affidavit material of both the applicant and respondent in the judicial review proceedings had to be served and filed by September 17, 2002; that the applicant's memorandum had to be served and filed by October 7, 2002; that the respondent's memorandum was not due until October 17, 2002; therefore I am unable at this time to be completely aware of what the Minister may address in his memorandum, nevertheless I remain satisfied that he will fulfill his duty to properly represent his own statutory tribunal as well as defend its jurisdiction and procedure.
[9] I am nevertheless aware that upon the memorandum of the Minister being served and filed on October 17, 2002, a copy should also be served on counsel for the Immigration and Refugee Board and, should he deem it necessary to make further submissions before the Court as to the inadequacy of the Minister's representations, I am prepared to entertain a conference call with all parties present on October 23, 2002.
(Sgd.) "P. Rouleau"
Judge
Vancouver, B.C.
October 1, 2002
FEDERAL COURT OF CANADA
TRIAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: IMM-1367-02
STYLE OF CAUSE: Iraj Rezaei v. The Minister of Citizenship and Immigration
PLACE OF HEARING: Vancouver, British Columbia
DATE OF HEARING: September 30, 2002
REASONS FOR Order : Rouleau, J.
DATED: October 1, 2002
APPEARANCES:
Mr. Robert Kincaid FOR APPLICANT
Robert Kincaid Law Corp
Ms. Brenda Carbonell FOR RESPONDENT
Dept. of Justice
Mr. Joseph Arvay FOR PROPOSED
Arvay Finlay INTERVENER
SOLICITORS OF RECORD:
Robert Kincaid Law Corp FOR APPLICANT
Vancouver, BC
Dept. of Justice FOR RESPONDENT
Vancouver, BC
Arvay Finlay FOR PROPOSED
Victoria, BC INTERVENER