Date: 20030523
Docket: IMM-2243-02
Citation: 2003 FCT 644
Ottawa, Ontario, this 23rd day of May, 2003
PRESENT: THE HONOURABLE MR. JUSTICE SIMON NOËL
BETWEEN:
MICHAEL DUKEFE
MABEL MILCAH TONWE
MELISSA DUKEFE
Applicants
- and -
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
REASONS FOR ORDER AND ORDER
[1] The applicants apply by motion in writing pursuant to Rules 3, 369, 397(1)(b) and 399(2) of the Federal Court Rules, 1998, SOR/98-106, (the "Rules") filed on April 22, 2003, for reconsideration and/or variation of my order dated April 8, 2003, dismissing an application for judicial review.
[2] I have reviewed carefully the grounds presented by the applicants, the affidavit of Michael Dukefe and the written submissions of both parties. I have also reviewed the file as it was presented to me initially.
[3] Taking in consideration paragraph 11 of my decision and leaving it aside, I have to conclude that my assessment of all of the evidence would not have been different and that my order remains the same. (See paragraph 16 of the Reasons for Order and Order).
[4] The applicant argued that it was an error to mention in my Order that "the applicants did not refer me to evidence or specific examples from the transcript that the conduct of the hearing breached their right to a fair hearing ..." since counsel says he referred to examples orally and that the affidavits of the applicants gave examples.
[5] As it is mentioned at paragraph 15 in the Reasons for Order, I did not agree with the allegation that the conduct of the hearing breached the right of the applicant to a fair hearing since in my review of the transcript of the hearing, I did not note a negative attitude nor did I perceive a degree of intervention from the panel member which would support such allegation.
[6] Therefore, I am satisfied that my Order is fully supported by the reasons given for it.
ORDER
THIS COURT ORDERS THAT:
1. The motion is dismissed.
"Simon Noël"
Judge
TRIAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: IMM-2243-02
STYLE OF CAUSE: Michael Dufefe & al. v. MCI
PLACE OF HEARING: Ottawa, Ontario
DATE OF HEARING: Rule 369
REASONS FOR ORDER: The Honorable Mr. Justice Simon Noël
DATED: May 23rd, 2003
APPEARANCES:
Me Stewart Istvanffy FOR PLAINTIFF / APPLICANT
Me Guy Lamb FOR DEFENDANT/ RESPONDENT
SOLICITORS OF RECORD:
Me Stewart Istvanffy FOR APPLICANT
1070, Bleury
Suite 503
Montreal, Quebec
H2Z 1N3
Me Guy Lamb
Federal Justice Department FOR RESPONDENT
Quebec regional Office
200 West, René-Lévesque Blvd.
East Tower, 5th Floor
Montreal, Quebec
H2Z 1X4