Federal Court Decisions

Date: 20051104

Docket: IMM-2907-04

Citation: 2005 FC 1498

Toronto, Ontario, November 4, 2005

PRESENT:      THE HONOURABLE MR. JUSTICE JOHN A. O'KEEFE

BETWEEN:

MOHSEN ESMAEILI-TARKI

Applicant

and

THE MINISTER OF CITIZENSHIP AND IMMIGRATION

Respondent

REASONS FOR ORDER RE: CERTIFICATION OF QUESTION AND ORDER

[1]                The respondent requested me to certify the following question:

Where an applicant for admission to Canada has engaged in fundraising for a terrorist organization prior to coming to Canada, and where the Minister decides that the person's admission would be contrary to the national interest, can it be said that the decision is unsupported by any evidence?

[2]                The applicant opposes the certification of this question.

[3]                I have reviewed the submissions and I am of the view that the question cannot be certified. In order to certify a question, the question must be a serious question of general importance. In this case, I allowed the application for judicial review because there was no evidence in the record to support the Minister's decision. The issue does not transcend the particular case. The issue is peculiar to this particular case as it is a factual issue. The respondent has not raised a serious question of general importance that would be dispositive of the case (see DeBiance v. Canada(Minister of Citizenship and Immigration), 2002 FCT 935, [2002] F.C.J. No. 1220 at paragraph 22). No question will be certified.

ORDER

            IT IS ORDERED that:

            1.          The application for judicial review is allowed and the matter is referred back to the                                 Minister for reconsideration.

            2.          No question will be certified.

"John A. O'Keefe"

FEDERAL COURT

NAMES OF COUNSEL AND SOLICITORS OF RECORD

DOCKET:                                           IMM-2907-04

STYLE OF CAUSE:                         MOHSEN ESMAEILI-TARKI

                                                                                                                                    Applicant

                                                            and

                                                            THE MINISTER OF CITIZENSHIP AND

                                                            IMMIGRATION         

                                                                                                                                    Respondent

PLACE OF HEARING:                     TORONTO, ONTARIO

DATE OF HEARING:                       FEBRUARY 22, 2005

REASONS FOR ORDER RE:

CERTIFICATION OF QUESTION

AND ORDER OF:                             O'KEEFE J.

DATED:                                              NOVEMBER 4, 2005

APPEARANCES:

Douglas Lehrer	FOR THE APPLICANT
Kevin Lunney	FOR THE RESPONDENT

SOLICITORS OF RECORD:

Vander Vennen Lehrer Toronto, Ontario	FOR THE APPLICANT
John H. Sims, Q.C. Deputy Attorney General of Canada	FOR THE RESPONDENT