Mella v. Canada (Public Safety and Emergency Preparedness)
- Citation
- 2020 FC 2
- Status
- Judgment
- Jurisdiction
- Canada
- Court
- Federal Court
- Decision
- 2 January 2020
- Posture
- Judicial Review Immigration / Supplementary Judgment (certification Consideration)
- Language
- English
More details
- Court
- Federal Court
- Decision
- 2 January 2020
- Posture
- Judicial Review Immigration / Supplementary Judgment (certification Consideration)
- Language
- English
On this page
Professional case brief
Research organized from the available case record
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 JamalSorela Mella
Applicant Counsel: Hart A. Kaminker; Anab JamalEster Mella
Applicant Counsel: Hart A. Kaminker; Anab JamalThe Minister of Public Safety and Emergency Preparedness
Respondent Counsel: Nimanthika Kaneira03
Procedural history
Posture
Judicial Review Immigration / Supplementary Judgment (certification Consideration)
04
Questions and positions
Legal issues
- 01
Whether questions of general importance should be certified under s.74(d) of the Immigration and Refugee Protection Act
- 02
Whether any question of general importance arises from this matter
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
Legal principles
- 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).
- 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
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· 2 January 2020
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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