Date: 20031210
Docket:IMM-9676-03
Citation: 2003 FC 1448
Ottawa, Ontario, this 10th day of December, 2003
Present: The Honourable Mr. Justice von Finckenstein
BETWEEN:
KARIFALA KABA
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
(Delivered orally from the bench, but written and
edited for clarity and precision)
[1] This application is styled as an application for leave to commence judicial review of the decision of the Immigration and Refugee Board ("Board") dated December 5, 2003. In that decision the Board released the applicant from detention subject to him: a) voluntarily leaving the country by December 29, 2003 and b) tendering a non refundable ticket to Guinea by December10, 2003. The applicant also seeks a stay of the Board's decision and an order that the respondent return his passport before he is required to tender the ticket to Guinea.
[2] What is clear from affidavits on the record is that the applicant submitted his Guinean passport to the Department of Citizenship and Immigration Canada ("CIC") at the time of his arrival in Canada and that it cannot now be found. CIC has obtained in lieu thereof travel documents which will allow him to leave Canada and to travel to Guinea. The applicant has indicated that he is willing to fulfill both conditions of the December 5 decision, however, he would like to be given back his passport before he deposits the ticket as required by the order.
[3] The applicant asserts that it is unfair to require him to provide a return ticket without him first getting his passport back. I don't see how this amounts to an issue to be tried which would warrant either the granting of a stay or the granting of leave to seek judicial review. The issues of stay/leave and return of passport two entirely different issues.
[4] The applicant wants his passport back and he is trying to use the inability of CIC to obtain what amounts to, in effect, a variation of the order of the Board. He may well be able to seek damages from CIC as a result of the loss of his passport. However, this is not relevant to the Board's decision of December 5, 2003, and I see no reason to grant either a stay of the Board's decision or leave to seek judicial review, on the basis of CIC's failure to return his passport.
[5] This application is accordingly dismissed.
ORDER
THIS COURT ORDERS that:
This application is dismissed for the reasons stated.
_______________________________
JUDGE
FEDERAL COURT
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: IMM-9676-03
STYLE OF CAUSE: KARIFALA KABA
and
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
PLACE OF HEARING: OTTAWA, ONTARIO
DATE OF HEARING: DECEMBER 9, 2003
REASONS FOR ORDER AND ORDER : von FINCKENSTEIN J.
DATED: DECEMBER 10, 2003
APPEARANCES:
Idorenyin E. Amana
FOR APPLICANT
Marie Nicole Moreau FOR RESPONDENT
SOLICITORS OF RECORD:
Idorenyin E. Amana
Montreal, Quebec FOR APPLICANT
Morris Rosenberg
Deputy Attorney General of Canada FOR RESPONDENT