Mashayekhi v. Canada (Citizenship and Immigration)
- Citation
- 2024 FC 547
- Status
- Judgment
- Jurisdiction
- Canada
- Court
- Federal Court
- Decision
- 9 April 2024
- Posture
- Immigration Judicial Review / Final Judgment/dismissal
- Language
- English
More details
- Court
- Federal Court
- Decision
- 9 April 2024
- Posture
- Immigration Judicial Review / Final Judgment/dismissal
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The court dismissed the application and refused to certify any question, adopting the reasoning set out in Federal Court File No. IMM-482-23 that the applicant failed to establish grounds for judicial review and that certification was not warranted.
Court disposition
Application dismissed; no question certified
Orders
- The application is dismissed.
- No question is certified.
02
Material facts
Parties
Mehrnaz Mashayekhi
Applicant Counsel: Clare YacyshynThe Minister of Citizenship and Immigration
Respondent Counsel: Brendan Stock03
Procedural history
Posture
Immigration Judicial Review / Final Judgment/dismissal
04
Questions and positions
Legal issues
- 01
Whether the applicant demonstrated grounds for judicial review of an immigration decision
- 02
Whether a question should be certified to the Court of Appeal
Party arguments
- Applicant
- The applicant sought judicial review of the immigration decision and argued that the decision contained reviewable errors warranting relief.
- Respondent
- The respondent argued that the decision was reasonable, that there were no reviewable errors, and that certification of a question was not warranted.
05
Court’s reasoning
Legal principles
- 01
Federal Court jurisprudence and reasons in Federal Court File No. IMM-482-23
Standard of review is reasonableness for administrative decisions of this nature
- 02
Federal Court principles and reasons in Federal Court File No. IMM-482-23
A question will only be certified where it raises a significant question of law appropriate for appellate consideration
06
Ratio, limits and disposition
Ratio decidendi
The court dismissed the application and refused to certify any question, adopting the reasoning set out in Federal Court File No. IMM-482-23 that the applicant failed to establish grounds for judicial review and that certification was not warranted.
Obiter and limits
- The court expressly adopted the judgment and reasons in Federal Court File No. IMM-482-23 as the basis for its decision.
- No question was certified as unnecessary given the absence of a sufficient legal issue for appellate consideration.
Court disposition
Application dismissed; no question certified
- The application is dismissed.
- No question is certified.
Source and reliance status
Federal Court · 9 April 2024
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
Federal Court
Judgment· 9 April 2024
Mashayekhi v. Canada (Citizenship and Immigration) Court (s) Database Federal Court Decisions Date 2024-04-09 Neutral citation 2024 FC 547 File numbers IMM-483-23 Decision Content Date: 20240409 Docket: IMM-483-23 Citation: 2024 FC 547 Ottawa, Ontario, April 9, 2024 PRESENT: The Honourable Mr. Justice Zinn BETWEEN:
MEHRNAZ MASHAYEKHI Applicant and
THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent
JUDGMENT AND REASONS [1] For the reasons provided in the Judgment and Reasons in Federal Court File No. IMM‑482-23, this application will be dismissed and no question certified. JUDGMENT in IMM-483-23 THIS COURT’S JUDGMENT is that this application is dismissed and no question is certified. "Russel W. Zinn" Judge
FEDERAL COURT
SOLICITORS OF RECORD DOCKET: IMM-483-23 STYLE OF CAUSE: MEHRNAZ MASHAYEKHI v THE MINISTER OF CITIZENSHIP AND IMMIGRATION PLACE OF HEARING: Toronto, Ontario DATE OF HEARING: March 27, 2024 JUDGMENT AND REASONS: ZINN J. DATED: april 9, 2024 APPEARANCES: Clare Yacyshyn For The Applicant Brendan Stock For The Respondent SOLICITORS OF RECORD: Waldman & Associates Barristers and Solicitors Toronto, Ontario For The Applicant Attorney General of Canada Toronto, Ontario For The Respondent
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