Albatal v. Canada (Citizenship and Immigration)
Because the Minister provided all records in his possession and control responsive to the request and the applicant's suspicions did not justify further remedies, there was no live controversy and no basis for the court to intervene; the appeal was dismissed.
Source-derived case information.
- Citation
- 2016 FCA 32
- Parties
- Appellant: Safwan Albatal; Respondent: The Minister of Citizenship and Immigration
- Court
- Federal Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 27 January 2016
- Procedural Posture
- Judicial Review Under the Access to Information Act / Appeal to the Federal Court of Appeal From a Federal Court Judgment
- Outcome
- Appeal dismissed with costs
- Legal Topics
- Mootness, Disclosure of Records, Scope of Search, Remedies Under Access to Information Act
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Safwan Albatal
Appellant
The Minister of Citizenship and Immigration
Respondent
Procedural Posture
Judicial Review Under the Access to Information Act / Appeal to the Federal Court of Appeal From a Federal Court Judgment
Legal Issues
- 1 Whether the matter was moot given the Minister's disclosure of records in his possession and control
- 2 Whether the applicant's suspicions about additional records justify an order for further searches and disclosure
- 3 Whether the court should intervene to order additional relief
Ratio Decidendi
Because the Minister provided all records in his possession and control responsive to the request and the applicant's suspicions did not justify further remedies, there was no live controversy and no basis for the court to intervene; the appeal was dismissed.
Court Disposition
Appeal dismissed with costs
Orders
- Appeal dismissed
- Respondent awarded costs
Full Case Text
Judgment text and source record
1 paragraphs
Albatal v. Canada (Citizenship and Immigration) Court (s) Database Federal Court of Appeal Decisions Date 2016-01-27 Neutral citation 2016 FCA 32 File numbers A-501-14 Decision Content Date: 20160127 Docket: A-501-14 Citation: 2016 FCA 32 CORAM: NOËL C.J. GAUTHIER J.A. WEBB J.A. BETWEEN: SAFWAN ALBATAL Appellant and THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent Heard at Ottawa, Ontario, on January 27, 2016. Judgment delivered from the Bench at Ottawa, Ontario, on January 27, 2016. REASONS FOR JUDGMENT OF THE COURT BY: GAUTHIER J.A. Date: 20160127 Docket: A-501-14 Citation: 2016 FCA 32 CORAM: NOËL C.J. GAUTHIER J.A. WEBB J.A. BETWEEN: SAFWAN ALBATAL Appellant and THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Ottawa, Ontario, on January 27, 2016). GAUTHIER J.A. [1] Mr. Safwan Albatal appeals a judgment of Justice Elizabeth Heneghan of the Federal Court dismissing his application for judicial review of the Minister of Citizenship and Immigration’s response to his request pursuant to the Access to Information Act (R.S.C., 1985, c. A-1). [2] The judge ruled that the matter before her was moot as the Minister had provided all records in his possession and control relating to Mr. Albatal’s request. She noted that Mr. Albatal’s suspicions about the existence of other records was not a ground to order the Minister to do anything more. [3] Having heard and considered Mr. Albatal’s arguments, we can detect no basis on which we could intervene. This appeal will thus be dismissed with costs. "Johanne Gauthier" J.A. FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD APPEAL FROM A JUDGMENT FEDERAL COURT DATED OCTOBER 29, 2014, DOCKET NO. T-1393-13 (2014 FC 1026) DOCKET: A-501-14 STYLE OF CAUSE: SAFWAN ALBATAL v. THE MINISTER OF CITIZENSHIP AND IMMIGRATION PLACE OF HEARING: Ottawa, Ontario DATE OF HEARING: January 27, 2016 REASONS FOR JUDGMENT OF THE COURT BY: NOËL C.J. GAUTHIER J.A. WEBB J.A. DELIVERED FROM THE BENCH BY: GAUTHIER J.A. APPEARANCES: Safwan Albatal Appellant Patrick Bendin For The Respondent SOLICITORS OF RECORD: William F. Pentney Deputy Attorney General of Canada Ottawa, Ontario For The Respondent