Magtouf v. Canada (Citizenship and Immigration)
Justice Blais considered the certification request and properly concluded the question was not one of general importance under s.74(d) IRPA; therefore the claim that he refused to exercise jurisdiction is without merit and the appellant's notice of appeal must be struck.
Source-derived case information.
- Citation
- 2007 FCA 267
- Parties
- Appellant: Mustapha Magtouf; Respondent: The Minister of Citizenship and Immigration
- Court
- Federal Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 16 August 2007
- Procedural Posture
- Appeal Under the Immigration and Refugee Protection Act / Certification Refusal; Motion to Strike Notice of Appeal; Motion Dealt With in Writing
- Outcome
- Respondent's motion allowed; appellant's notice of appeal struck with costs to respondent.
- Legal Topics
- Certification of Question of General Importance, Jurisdiction, Striking Notice of Appeal, Motions
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mustapha Magtouf
Appellant
The Minister of Citizenship and Immigration
Respondent
Procedural Posture
Appeal Under the Immigration and Refugee Protection Act / Certification Refusal; Motion to Strike Notice of Appeal; Motion Dealt With in Writing
Legal Issues
- 1 Whether the Federal Court judge refused to exercise his jurisdiction by refusing to certify the question
- 2 Whether the question presented met the s.74(d) threshold of being of general importance
- 3 Whether the appeal may proceed despite refusal to certify
Ratio Decidendi
Justice Blais considered the certification request and properly concluded the question was not one of general importance under s.74(d) IRPA; therefore the claim that he refused to exercise jurisdiction is without merit and the appellant's notice of appeal must be struck.
Court Disposition
Respondent's motion allowed; appellant's notice of appeal struck with costs to respondent.
Orders
- Respondent's motion allowed
- Appellant's notice of appeal struck
Full Case Text
Judgment text and source record
1 paragraphs
Magtouf v. Canada (Citizenship and Immigration) Court (s) Database Federal Court of Appeal Decisions Date 2007-08-16 Neutral citation 2007 FCA 267 File numbers A-307-07 Decision Content Date: 20070816 Docket: A-307-07 Citation: 2007 FCA 267 CORAM: NOËL J.A. NADON J.A. EVANS J.A. BETWEEN: MUSTAPHA MAGTOUF Appellant and THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent Motion dealt with in writing without appearance of parties. Order delivered at Ottawa, Ontario, on August 16, 2007. REASONS FOR ORDER: NADON J.A. CONCURRED IN BY: NOËL J.A. EVANS J.A. Date: 20070816 Docket: A-307-07 Citation: 2007 FCA 267 CORAM: NOËL J.A. NADON J.A. EVANS J.A. BETWEEN: MUSTAPHA MAGTOUF Appellant and THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent REASONS FOR ORDER NADON J.A. [1] Despite the fact that Justice Blais refused to certify that the matter involved a serious question of general importance, as required by paragraph 74(d) of the Immigration and Refugee Protection Act, S.C. 2001, c. 27, as subsequently amended, the appellant maintains that he is entitled to appeal the judgment rendered on May 3, 2007. More particularly, the appellant argues that the judge failed to exercise his jurisdiction in refusing to certify the question submitted to him for certification. [2] In my view, the appellant’s claim has no merit. It is clear from Justice Blais’s reasons that he considered the question submitted by the appellant for certification and concluded that it was not a question of general importance that ought to be certified. [3] Accordingly, it is not open to the appellant to claim, as he does, that the judge refused to exercise his jurisdiction. [4] For these reasons, the respondent’s motion will be allowed and the appellant’s notice of appeal will be struck, with costs. “M. Nadon” J.A. “I agree. Marc Noël J.A.” “I agree. John M. Evans J.A.” Certified true translation Erich Klein FEDERAL COURT OF APPEAL SOLICITORS OF RECORD DOCKET: A-307-07 STYLE OF CAUSE: MUSTAPHA MAGTOUF v. THE MINISTER OF CITIZENSHIP AND IMMIGRATION MOTION DEALT WITH IN WRITING WITHOUT APPEARANCE OF PARTIES REASONS FOR ORDER BY: NADON J.A. CONCURRED IN BY: NOËL J.A. EVANS J.A. DATED: August 16, 2007 WRITTEN REPRESENTATIONS BY: Jean Gobeil FOR THE APPELLANT Normand Lemyre FOR THE RESPONDENT SOLICITORS OF RECORD: The Community Legal Centre of Montreal Montréal, QC FOR THE APPELLANT John H. Sims, Q.C. Deputy Attorney General of Canada FOR THE RESPONDENT