Canada (Minister of Citizenship and Immigration) v. Ogunmefun
The appeal was dismissed as moot because the respondent had been granted permanent residence and, given the respondent's failure to appear or file a factum, the Court declined to exercise its discretion to hear the moot appeal.
Source-derived case information.
- Citation
- 2001 FCA 329
- Parties
- Applicant: MINISTER OF CITIZENSHIP AND IMMIGRATION; Respondent: FOLARIN OGUNMEFUN
- Court
- Federal Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 31 October 2001
- Procedural Posture
- Appeal to Federal Court of Appeal / Judgment on Appeal (mootness)
- Outcome
- Appeal dismissed for mootness.
- Legal Topics
- Mootness, Judicial Discretion, Permanent Residence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
MINISTER OF CITIZENSHIP AND IMMIGRATION
Applicant
FOLARIN OGUNMEFUN
Respondent
Procedural Posture
Appeal to Federal Court of Appeal / Judgment on Appeal (mootness)
Legal Issues
- 1 Whether the appeal is moot because the respondent has been granted permanent residence
- 2 Whether the Court should exercise its discretion to hear a moot appeal in the absence of the respondent's notice of appearance and factum
Ratio Decidendi
The appeal was dismissed as moot because the respondent had been granted permanent residence and, given the respondent's failure to appear or file a factum, the Court declined to exercise its discretion to hear the moot appeal.
Court Disposition
Appeal dismissed for mootness.
Orders
- Appeal dismissed for mootness.
- Court declines to exercise discretion to hear the appeal on its merits due to lack of respondent participation.
Full Case Text
Judgment text and source record
1 paragraphs
Canada (Minister of Citizenship and Immigration) v. Ogunmefun Court (s) Database Federal Court of Appeal Decisions Date 2001-10-31 Neutral citation 2001 FCA 329 File numbers A-530-00 Decision Content Date: 20011031 Docket: A-530-00 Neutral citation: 2001 FCA 329 CORAM: ROTHSTEIN J.A. EVANS J.A. MALONE J.A. BETWEEN: MINISTER OF CITIZENSHIP AND IMMIGRATION Applicant (Respondent in the Trial Division) - and - FOLARIN OGUNMEFUN Respondent (Applicant in the Trial Division) Heard at Toronto, Ontario, Wednesday, October 31, 2001 Judgment delivered from the Bench at Toronto, Ontario, on Wednesday, October 31, 2001 REASONS FOR JUDGMENT OF THE COURT BY: ROTHSTEIN J.A. Date: 20011031 Docket: A-530-00 Neutral citation: 2001 FCA 329 CORAM: ROTHSTEIN J.A. EVANS J.A. MALONE J.A. BETWEEN: MINISTER OF CITIZENSHIP AND IMMIGRATION Applicant (Respondent in the Trial Division) - and - FOLARIN OGUNMEFUN Respondent (Applicant in the Trial Division) REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Toronto, Ontario on Wednesday, October 31, 2001) ROTHSTEIN J.A. Counsel for the Minister advises that the Respondent has been landed and has been granted permanent residence. The appeal is therefore moot. While the Court might exercise its discretion to proceed notwithstanding, the Respondent has not filed a notice of appearance or a factum and the Court will not be in a position to hear considered argument from both parties. For this reason alone, we are of the opinion that we should not exercise our discretion to hear and decide this matter on its merits. The appeal will be dismissed for mootness. "Marshall Rothstein" J.A. FEDERAL COURT OF CANADA Names of Counsel and Solicitors of Record DOCKET: A-530-00 STYLE OF CAUSE: MINISTER OF CITIZENSHIP AND IMMIGRATION Applicant (Respondent in the Trial Division) - and - FOLARIN OGUNMEFUN Respondent (Applicant in the Trial Division) DATE OF HEARING: WEDNESDAY, OCTOBER 31, 2001 PLACE OF HEARING: TORONTO, ONTARIO REASONS FOR JUDGMENT OF THE COURT BY: ROTHSTEIN J.A. DELIVERED FROM THE BENCH AT TORONTO, ONTARIO ON WEDNESDAY, OCTOBER 31, 2001. APPEARANCES BY: Mr. David Tyndale For the Appellant No one appearing on behalf of the Respondent SOLICITORS OF RECORD: Morris Rosenberg Deputy Attorney General of Canada For the Appellant No solicitor of record For the Respondent FEDERAL COURT OF APPEAL Date: 20011031 Docket: A-530-00 BETWEEN: MINISTER OF CITIZENSHIP AND IMMIGRATION Applicant (Respondent in the Trial Division) - and - FOLARIN OGUNMEFUN Respondent (Applicant in the Trial Division) REASONS FOR JUDGMENT OF THE COURT