IMM-1903-97
BETWEEN:
KATHARINE SUDAMANI WEERASINGHE
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER AND ORDER
JEROME A.C.J.:
The applicant filed a motion dated May 12, 1997, requesting a stay of proceedings before the Convention Refugee Determination Division ("CRDD"), an Order restraining the respondent from disclosing the applicant's personal information form, and a confidentiality Order to suspend the operation of Rule 201(4) of the Federal Court Rules. During a teleconference on May 14, 1997, I dismissed the motion. On May 15, 1997, counsel for the applicant wrote to the Court to explain that she had forgotten to raise the issue of the confidentiality Order during the teleconference and she requested that the Court rule on that point.
Rule 201(4) provides that:
| 201(4) Any person may, subject to appropriate supervision, and when the facilities of the Court permit without interfering with the ordinary work of the Court, |
| (a) inspect any Court file or the annex thereto; and |
| (b) upon payment of $0.40 per page, obtain a photocopy of any document on a Court file or annex thereto. |
Although Court files are generally public documents, I am mindful of the stipulation in the Immigration Act which provides that refugee hearings are not to be held in public unless a special request has been made:
| 69(2) Subject to subsections (3) and (3.1), proceedings before the Refugee Division shall be held in the presence of the person who is the subject of the proceedings, wherever practicable, and be conducted in camera or, if an application therefor is made, in public. |
| (3) Where the Refugee Division is satisfied that there is a serious possibility that the life, liberty or security of any person would be endangered by reason of any of its proceedings being held in public, it may, on application therefor, take such measures and make such order as it considers necessary to ensure the confidentiality of the proceedings. |
| (3.1) Where the Refugee Division considers it appropriate to do so, it may take such measures and make such order as it considers necessary to ensure the confidentiality of any hearing held in respect of any application referred to in subsection (3). |
Although counsel for the applicant has not demonstrated how this information could endanger the applicant, I am willing to accede to her request and order that the record filed in this case and any documents contained in that record but filed separately be sealed.
O T T A W A
October 15, 1997 "James A. Jerome" A.C.J.