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Judicial review of a CBSA refusal to defer removal was granted. The Federal Court found the decision unreasonable for failing to properly assess evidence about risks to MV Sun Sea returnees.
The Federal Court dismissed this judicial review as moot after CBSA issued a three-year TRP and open work permit, and the PRRA issue was sent back for reassessment.
The appeal is dismissed as moot and the Court declines to exercise its discretion to hear the appeal because, although an adversarial context exists, judicial economy and the lack of practical consequences for the appellant (now entitled to apply for permanent residence after being granted refugee status), together with the unusual facts and low likelihood of recurrence, justify granting the respondent's motion to dismiss; no costs awarded.
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Adjournment was refused because the appellant had ample notice and did not appear; the appeal was dismissed as moot because the appellant filed a conforming fourth statement of claim removing the live controversy; costs were fixed and awarded to the respondents in the amount of $6,600 inclusive.
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Because the appeal in docket A-287-06 was dismissed, the appeal in docket A-265-06 was rendered moot; accordingly the appeal is dismissed and costs are awarded.
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The Federal Court dismissed judicial review of a temporary resident visa refusal, finding no reviewable error and holding the officer’s concerns about family ties were supported by the record.
Court of Appeal granted leave to appeal an interim injunction and enforcement order, holding the process issue was arguable, important, and not barred by mootness.
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