Date: 20020402
Docket: IMM-3678-01
Neutral citation: 2002 FCT 359
Between:
SINNATHAMPY, Sinniah
THARMAKUNALOOSHANA, Tharmalingam
Plaintiff
- and -
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Defendant
REASONS FOR ORDER
(Filed pursuant to s. 51 of the Federal Court Act,
R.S.C. 1985, c. F-7)
PINARD J.
[1] The application for judicial review is from a decision by the Refugee Division on July 4, 2001 that the plaintiffs are not Convention refugees as defined in s. 2(1) of the Immigration Act, R.S.C. 1985, c. I-2.
[2] Although duly notified Marc Chénard, counsel for the plaintiffs, did not appear at the hearing of this case at 9:30 a.m. on Wednesday, March 27, 2002. I asked the Court Registrar to contact his office to see why he was absent. The Registrar reported that she spoke to Mr. Chénard, who said his absence was due simply to an oversight. When informed of these facts counsel for the defendant objected to any adjournment, saying she was ready to proceed. In the circumstances, I decided to hear the case ex parte.
[3] After reviewing the matter and hearing counsel for the defendant I have been able to conclude that the plaintiffs, whose credibility is in question, have not been able to establish any error in the decision a quo which could warrant this Court's intervention.
[4] Consequently, I have dismissed the application for judicial review.
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YVON PINARD
JUDGE |
OTTAWA, ONTARIO
April 2, 2002
Certified true translation
Suzanne M. Gauthier, C. Tr., LL.L.
FEDERAL COURT OF CANADA
TRIAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
COURT No.: IMM-3678-01
STYLE OF CAUSE: SINNIAH SINNATHAMPY et al.
v.
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
PLACE OF HEARING: MONTRÉAL, QUEBEC
DATE OF HEARING: MARCH 27, 2002
REASONS FOR ORDER BY: PINARD J.
DATED: APRIL 2, 2002
APPEARANCES:
NO ONE FOR THE PLAINTIFF
CAROLINE DOYON FOR THE DEFENDANT
SOLICITORS OF RECORD:
MARC CHÉNARD FOR THE PLAINTIFF
MONTRÉAL, QUEBEC
MORRIS ROSENBERG FOR THE DEFENDANT
DEPUTY ATTORNEY GENERAL OF CANADA