Date: 20030926
Docket: IMM-3804-03
Citation: 2003 FC 1108
Montréal, Quebec, September 26, 2003
Present: RICHARD MORNEAU, ESQ., PROTHONOTARY
BETWEEN:
SANJIV KUMAR
Applicant
and
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
Motion in writing by the Respondent for an order striking the Applicant's notice of Application for leave and for judicial review.
REASONS FOR ORDER AND ORDER
[1] The Court is satisfied that the motion herein can be decided without an oral hearing on the basis of the written material submitted so far.
[2] The Applicant has filed an Application for leave and for judicial review against a decision of the Refugee Protection Division of the Immigration and Refugee Board (RPD), denying his claim for refugee protection.
[3] The RPD has subsequently allowed an Application by the Applicant to have his claim for refugee protection reopened and fixed a date for the resumption of the hearing, that is October 20, 2003, before a different member of the Immigration and Refugee Board.
[4] Upon considering the motion records submitted by the parties, it is appropriate for the Court to exercise its discretion to decline to consider the Application for leave and for judicial review on the merits for reasons of mootness.
[5] Therefore, it is hereby ordered that the Applicant's Application for leave and for judicial review is struck out on the grounds of mootness, the whole without costs.
Richard Morneau
Prothonotary
FEDERAL COURT
Date : 20030926
Docket : IMM-3804-03
BETWEEN:
SANJIV KUMAR
Applicant
and
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER AND ORDER
FEDERAL COURT
COUNSEL AND SOLICITORS OF RECORD
DOCKET:
STYLE OF CAUSE:
IMM-3804-03
SANJIV KUMAR
Applicant
and
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
WRITTEN MOTION EXAMINED IN MONTREAL WITHOUT PERSONAL APPEARANCE OF THE PARTIES
REASONS FOR ORDER OF:Richard Morneau, Esq., Prothonotary
DATED:September 26, 2003
WRITTEN OBSERVATIONS BY:
| Mr. Sanjiv Kumar |
|
for the Applicant |
|
|
|
|
| Mr. François Joyal |
|
for the Respondent |
|
|
|
|
SOLICITORS OF RECORD:
| Mr. Morris Rosenberg Deputy Attorney General of Canada |
|
for the Respondent
|