Shariff v. Canada (Public Safety and Emergency Preparedness)

Shariff v. Canada (Public Safety and Emergency Preparedness)

The applications were dismissed because the issues were rendered moot by the Immigration Division's release orders and, where considered, those release orders were reasonable and within the range of acceptable outcomes under the Dunsmuir standard; accordingly the Court declined to interfere and amended the style of cause as directed.

Citation
2016 FC 310
Parties
Applicant in IMM 5281 15 and IMM 174 16; Respondent in IMM 192 16 and IMM 638 16: Ali Mwinyi Shariff; Respondent in IMM 5281 15 and IMM 174 16; Applicant in IMM 192 16 and IMM 638 16: The Minister of Public Safety and Emergency Preparedness
Court
Federal Court
Jurisdiction
Canada
Judgment Date
10 March 2016
Procedural Posture
Judicial Review Under Subsection 72(1) of the Immigration and Refugee Protection Act / Judgment on Applications (dismissed)
Outcome
Applications for judicial review dismissed
Legal Topics
Judicial Review, Immigration Detention, Mootness, Reasonableness Standard, Discretion to Hear Moot Matters, Immigration Division Release Orders
Source Language
English
Immigration Administrative Law Judicial Review Immigration Detention Mootness Reasonableness Standard Discretion to Hear Moot Matters Immigration Division Release Orders

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Parties

Ali Mwinyi Shariff

Applicant in IMM 5281 15 and IMM 174 16; Respondent in IMM 192 16 and IMM 638 16

The Minister of Public Safety and Emergency Preparedness

Respondent in IMM 5281 15 and IMM 174 16; Applicant in IMM 192 16 and IMM 638 16

Procedural Posture

Judicial Review Under Subsection 72(1) of the Immigration and Refugee Protection Act / Judgment on Applications (dismissed)

Legal Issues

  1. 1 Whether the judicial review applications were rendered moot by intervening release orders
  2. 2 Whether the Immigration Division's orders for release were reasonable pursuant to the Dunsmuir standard
  3. 3 Whether the Court should exercise its discretion to hear and determine moot applications

Ratio Decidendi

The applications were dismissed because the issues were rendered moot by the Immigration Division's release orders and, where considered, those release orders were reasonable and within the range of acceptable outcomes under the Dunsmuir standard; accordingly the Court declined to interfere and amended the style of cause as directed.

Court Disposition

Applications for judicial review dismissed

Orders

  • Amend the style of cause in IMM-5281-15 and IMM-174-16 to replace the Minister of Citizenship and Immigration with the Minister of Public Safety and Emergency Preparedness
  • Dismiss the application for judicial review in IMM-5281-15