Canada Judgment

Federal Court

Mella v. Canada (Public Safety and Emergency Preparedness)

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Professional case brief

Research organized from the available case record

Source document

01

Holding and result

No question of general importance warranted certification under s.74(d) IRPA; accordingly the Court stated no question.

Court disposition

No question of general importance is stated.

Orders

  • No question of general importance is stated.

02

Material facts

Parties

Aferdita Mella (aka Frida Shvrac)

Applicant Counsel: Hart A. Kaminker; Anab Jamal

Sorela Mella

Applicant Counsel: Hart A. Kaminker; Anab Jamal

Ester Mella

Applicant Counsel: Hart A. Kaminker; Anab Jamal

The Minister of Public Safety and Emergency Preparedness

Respondent Counsel: Nimanthika Kaneira

03

Procedural history

  1. Posture

    Judicial Review Immigration / Supplementary Judgment (certification Consideration)

04

Questions and positions

Legal issues

Party arguments

Applicant
Applicant advised the Court they did not wish to propose any question for certification.
Respondent
Respondent advised the Court they did not wish to propose any question for certification.

05

Court’s reasoning

  1. 01

    Immigration and Refugee Protection Act, SC 2001, c 27, s.74(d)

    Court may certify a question of general importance to the Attorney General under s.74(d).

  2. 02

    Established judicial practice under Federal Court review jurisdiction

    Certification requires a question of general importance beyond the interests of the parties.

06

Ratio, limits and disposition

Ratio decidendi

No question of general importance warranted certification under s.74(d) IRPA; accordingly the Court stated no question.

Court disposition

No question of general importance is stated.

  • No question of general importance is stated.

Source and reliance status

Federal Court · 2 January 2020

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Judgment text

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Source document

Federal Court

Judgment· 2 January 2020

2020 FC 2

Mella v. Canada (Public Safety and Emergency Preparedness) Court (s) Database Federal Court Decisions Date 2020-01-02 Neutral citation 2020 FC 2 File numbers IMM-6490-18 Decision Content Date: 20200102 Docket: IMM-6490-18 Citation: 2020 FC 2 Ottawa, Ontario, January 2, 2020 PRESENT: The Honourable Mr. Justice Norris BETWEEN: AFERDITA MELLA (AKA FRIDA SHVRAC), SORELA MELLA, ESTER MELLA Applicants and

THE MINISTER OF PUBLIC SAFETY AND EMERGENCY PREPAREDNESS Respondent

SUPPLEMENTARY JUDGMENT AND REASONS [1] On December 11, 2019, the Court released the Judgment and Reasons in this matter allowing the application for judicial review and remitting the matter to a different decision-maker for redetermination. [2] As part of the Court’s Judgment, counsel were given an opportunity to see how the Court disposed of the application before offering their positions on whether a question or questions should be certified under section 74(d) of the Immigration and Refugee Protection Act, SC 2001, c 27. [3] On December 18, 2019, counsel for the applicant wrote to the Court advising that the applicant did not wish to propose any question for certification. On December 19, 2019, counsel for the respondent submitted a letter also advising that the respondent did not wish to propose a question for certification. [4] I am satisfied that no questions of general importance warranting certification arise and none will be stated. JUDGMENT IN IMM-6490-18 THIS COURT’S JUDGMENT is that No question of general importance is stated. “John Norris” Judge

FEDERAL COURT

SOLICITORS OF RECORD DOCKET: IMM-6490-18 STYLE OF CAUSE: AFERDITA MELLA (AKA FRIDA SHVRAC) ET AL v THE MINISTER OF PUBLIC SAFETY AND EMERGENCY PREPAREDNESS PLACE OF HEARING: Toronto, Ontario DATE OF HEARING: July 15, 2019 SUPPLEMENTARY JUDGMENT AND REASONS: NORRIS J. DATED: January 2, 2020 APPEARANCES: Hart A. Kaminker Anab Jamal For The ApplicantS Nimanthika Kaneira For The Respondent SOLICITORS OF RECORD: Kaminker and Associates Barristers and Solicitors Toronto, Ontario For The ApplicantS Attorney General of Canada Toronto, Ontario For The Respondent

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Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

Immigration and Refugee Protection Act, SC 2001, c 27, s.74(d)

Legislation

Legislation referenced in the available case record.

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