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Date: 20010816

Docket: IMM-2135-01

Neutral citation: 2001 FCT 900

PRESENT:    Peter A. K. Giles, Esquire

Associate Senior Prothonotary

BETWEEN:

HOA THI THANH HUYUH

Applicant

-and-

MINISTER OF CITIZENSHIP AND IMMIGRATION

Respondent

                    REASONS FOR ORDER AND ORDER

GILES A.S.P.

[1] The applicant herein is the sponsor of a person who made a humanitarian and compassionate application from within Canada, which was refused. The respondent has moved to strike the application for leave for judicial review as the applicant has no standing. The applicant has moved to add the sponsored person, the applicant's husband, as a co-applicant or in the alternative, to substitute the sponsored person for the applicant in the application for leave.


[2]                It is stated in the original application for leave, that it was filed late and an extension had to be sought. There will be little advantage in substituting names as an extension of time has to be sought in the application for leave. The judge at hearing would not be subject to the confusion of a change from sponsor to sponsored even though all the original documents filed in this file would be required for a new file. I think on balance, there is no advantage to stretching the judicial review procedure by substituting an applicant. Therefore, the application will be struck out with the proviso that original documents may be removed from this file should they be required for any application for leave made by the sponsored husband.

ORDER

1. The application for leave herein is struck out as the applicant has no standing. It is provided that the documents filed herein may be transferred to any other file where an application for leave is made by Truong Thu Truong.

"Peter A.K. Giles"                

                                                                                                  A.S.P.                        

Toronto, Ontario

August 16th , 2001


FEDERAL COURT OF CANADA

Names of Counsel and Solicitors of Record

COURT NO:                                        IMM-2135-01

STYLE OF CAUSE:                          HOA THI THANH HUYUH

Applicant

-and-

MINISTER OF CITIZENSHIP

AND IMMIGRATION

Respondent

CONSIDERED AT TORONTO, ONTARIO PURSUANT TO RULE 369

REASONS FOR ORDER

AND ORDER BY:                              GILES A.S.P.

DATED:                                              THURSDAY, AUGUST 16, 2001

WRITTEN SUBMISSIONS BY:     Mr. Marvin Moses

For the Applicant

Ms. Amina Riaz

For the Respondent

SOLICITORS OF RECORD:          Moses & Associates

Barristers & Solicitors

480 University Avenue

Toronto, Ontario

M5G 1V2

For the Applicant

Morris Rosenberg

Deputy Attorney General of Canada

For the Respondent


FEDERAL COURT OF CANADA

                            Date: 20010816

                                                                                        Docket:IMM-2135-01

Between:

HOA THI THANH HUYUH

Applicant

-and-

MINISTER OF CITIZENSHIP AND IMMIGRATION

Respondent

                                                 

REASONS FOR ORDER

AND ORDER

                                                 

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