Federal Court: Review Application: Min. of Citizenship & Immigration and Brandon Carl Huntley

Federal Court of Canada:

Minister of Citizenship and Immigration and Brandon Carl Huntley

Application for Leave and for Judicial Review

Court File No. IMA 4423-09

FEDERAL COURT

BETWEEN:

THE MINISTER OF CITIZENSHIP AND IMMIGRATION

and

BRANDON CARL HUNTLEY

Respondent

APPLICATION FOR LEAVE AND FOR JUDICIAL REVIEW

TO THE RESPONDENT:

AN APPLICATION FOR LEAVE TO COMMENCE AN APPLICATION FOR JUDICIAL REVIEW UNDER S 72(1) OF THE IMMIGRATION AND REFUGEE PROTECTION ACT has been commenced by the applicant.

UNLESS A JUDGE OTHERWISE DIRECTS, THIS APPLICATON FOR LEAVE will be disposed of without personal appearance by the parties, in accordance with paragraph 72(2)(d) of the Immigration and Refugee Protection Act.

IF YOU WISH TO OPPOSE THIS APPLICATION FOR LEAVE, you or a solicitor authorized to practice in Canada and acting for you must immediately prepare a Notice of Appearance in Form IR-2 prescribed by the Federal Court Immigration and Refugee Proteciton Rules, serve it on the tribunal and the applicants solicitor or, where the applicant does not have a solicitor, serve it on the applicant, and file it, with proof after service, at the Registry, within 10 days of service of this application for leave.

IF YOU FAIL TO DO SO, the Court may nevertheless dispose of this application for leave and, if leave is granted, the subsequent application for judicial review without further notice to you.

Note: Copies of the relevant Rules of Court, information and the local office of the Court and other necessary information may be obtained from any local office of the Federal Court or the Registry of the Trial Division in Ottawa, telephone: (613) 992-4238.

The application seeks leave of the Court to commence an application for the judicial review of:

The decision of Board Member William Davis of the Refugee Protection Division of the Immigration and Refugee Board (the "RDP") dated August 27, 2009, in file Number MA8-04910 and received by the Applicant on September 3, 2009 wherein the RDP found the Respondent to be a Convention Refugee.

The address of the Tribunal is:

Immigration and Refugee Board
Refugee Protection Division
200 Rene-Levesque Boulevard West
Guy Favreau Complex
East Tower, Room 102
Montreal, Quebec
H2Z 1X4
Tel: 514-283-7733
Fax: 514-283-0164

In the event that leave is granted, the Applicant seeks the following relief by way of judicial review:

(a) An order for a writ of certiorari, or relief of the nature of certiorari, quashing the decision of the Refugee Protection Division and referring the matter back for re-determination in accordance with the law by a differently constituted panel;

(b) Such further relief as counsel may advise and this Honourable Court permit.

In the event that leave is granted, the application for judicial review is to be based on the following grounds:

1. The tribunal acted without jurisdiction or acted beyond its jurisdiction;
   
   
2. The tribunal failed to observe a principle of natural justice, procedural fairness or other procedure that it was required by law to observe;
   
   
3. The tribunal erred in law in making its decision.
   
   
4. The tribunal based its decision on an erroneous finding of fact that it made in a perverse or capricious manner or without regard to the material before it; and
   
   
5. Such further and other grounds as the Applicant may advise and this Honourable Court permit.

The applicant has received written reasons from the Board.

In the event hat leave is granted, the Applicant proposes that the Application for judicial review be heard at Toronto, in the English language.

September 4, 2009

SIGNATURE
John H. Sims Q.C.
Deputy Attorney General of Canada
Per: Bernard Assan/Asha Garfar
Ontario Regional Office
The Exchange Tower
130 King St. West
Suite 3400, Box 36
Toronto, Ontario
M5X 1K6
Tel: (416) 973-0965/973-3151
Fax: (416) 954-8982
File: ORO. 14-596969

Solicitors for the Applicant

TO:

The Registrar, Federal Court
180 Queen Street West, Suite 2002
Toronto, Ontario
M5V 3L6

AND TO:

Brandon Carl Huntley
1493 Mariette Street
Orleans, Ontario
K1E 1L1

The Respondent

AND TO:

Russel Kaplan
Barrister and Solicitor
838 Somerset Street West, Suite 30
Ottawa, Ontario
K1R 6R7
Tel: (613) 233-7900
Fax: (613) 233-0800

Solicitor for the Respondent

AND TO:

Immigration and Refugee Board
Refugee Protection Division
200 Rene-Levesque Boulevard West
Guy Favreau Complex
East Tower, Room 102
Montreal, Quebec
H2Z 1X4
Tel: 514-283-7733
Fax: 514-283-0164

Source: [View Original PDF] [Download Original PDF (82K)]
Ref: [IRB Judgement: Transcript of IRB William Davis Ruling: Brandon Carl Huntley, 27 Aug '09]