Date: 20050211
Docket: IMM-5344-04
Citation: 2005 FC 228
Ottawa, Ontario, February 11, 2005
Present: The Honourable Mr. Justice Blais
BETWEEN:
KEITA BINTOU
Applicant
and
MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER AND ORDER
[1] This is a joint motion by the two parties for an order setting aside the decision by the immigration officer dated June 3, 2004.
[2] The hearing of the application for judicial review is scheduled for February 14, 2005.
[3] The parties were heard by conference call.
[4] The respondent's counsel informed the Court that she is replacing a colleague who was in an accident. It appears that inadvertently she did not review the entire file and that she did not review the affidavit of the applicant's husband, who states that he lied at the hearing.
[5] The parties are asking the Court to set aside a decision by an immigration officer who exercised the powers conferred to him by statute and regulations.
[6] It is in fact an exercise in discretion and the parties, whoever they may be, must establish serious grounds for the decision to be set aside by simple consent.
[7] The parties have not established before me that it would be in the interest of justice to allow this consent to judgment at this stage.
ORDER
UPON the application on consent by the parties;
CONSIDERING the documents before the Court;
CONSIDERING the arguments before the Court by teleconference on this date;
THE COURT ORDERS that:
The parties will submit their arguments at the beginning of the hearing that will be held as scheduled on Monday, February 14, 2005, at 9:30 a.m., and the designated judge will determine if the hearing should be held on the merits of the application for judicial review.
"Pierre Blais"
Judge
Certified true translation
Kelley A. Harvey, BCL, LLB
FEDERAL COURT
SOLICITORS OF RECORD
DOCKET: IMM-5344-04
STYLE OF CAUSE:
KEITA BINTOU
Applicant
and
MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
PLACE OF HEARING: Conference call, Ottawa
DATE OF HEARING: February 9, 2005
REASONS FOR ORDER AND ORDER: Mr. Justice Blais
DATE OF REASONS: February 11, 2005
APPEARANCES:
Lia Cristinariu FOR THE APPLICANT
Sylviane Roy FOR THE RESPONDENT
SOLICITORS OF RECORD:
Lia Cristinariu FOR THE APPLICANT
Sylviane Roy FOR THE RESPONDENT
John H. Sims, Q.C.
Deputy Minister of Justice and
Deputy Attorney General
Department of Justice