IMM-1930-96
BETWEEN:
SAADI BOUSLIMANI,
Applicant,
- and -
MINISTER OF CITIZENSHIP AND IMMIGRATION,
Respondent.
REASONS FOR DECISION
TREMBLAY-LAMER J.
This is an application for judicial review against an immigration officer"s decision that the applicant had not established the existence of compassionate or humanitarian considerations that might justify granting him a ministerial exemption under subsection 114(2) of the Immigration Act1 so that he could apply for permanent residence from within Canada. On March 6, 1997, I dismissed the application from the bench for the following reasons.
In the case at bar, the application under subsection 114(2) is based on the risk to the applicant if returned to Algeria.
On August 3, 1996, the applicant left Canada for Haiti before the removal order was enforced. As a result, a review of the reasonableness of the decision relating to the planned removal to Algeria has become moot.
This application for judicial review does not meet the "live controversy" test set out in Borowski .2
In addition, I was not able to find any exceptional circumstance that could have made it possible for this Court to exercise its discretion to decide a case that has become moot.
For these reasons, the application for judicial review was dismissed.
OTTAWA, ONTARIO
The 17th day of March 1997.
Danièle Tremblay-Lamer
JUDGE
Certified true translation
A. Poirier
FEDERAL COURT OF CANADA
TRIAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
COURT NO.: IMM-1930-96
| STYLE OF CAUSE: SAADI BOUSLIMANI v. M.C.I. |
| PLACE OF HEARING: Montréal, Quebec |
| DATE OF HEARING: March 6, 1997 |
| REASONS FOR ORDER BY: TREMBLAY-LAMER J. |
| DATED: March 17, 1997 |
APPEARANCES:
Stewart Istvanffy FOR THE APPLICANT
Louise-Marie Courtemarche FOR THE RESPONDENT
SOLICITORS OF RECORD:
Stewart Istvanffy FOR THE APPLICANT
Montréal, Quebec
George Thomson FOR THE RESPONDENT
Deputy Attorney General of Canada
__________________1 R.S.C. 1985, c. I-2, as amended.
2 Borowski v. Canada (Attorney General), [1989] 1 S.C.R. 342.