Federal Appeal


Appeal

MOOTNESS

Whether minister could be forced to process permanent residence applications was no longer live controversy

Appellants applied for orders of mandamus to compel minister of citizenship and immigration to process applications for permanent residence under federal immigrant investor program under Immigration and Refugee Protection Act that had not been processed as fast as applicants wanted. Applications were dismissed. Appellants appealed. Appeals dismissed. Appeals were moot. Section 87.5 of act had come into force and its effect was to terminate all of applications of appellants in appeals. Controversy was whether minister could be compelled by mandamus to process applications that were outstanding at time that mandamus applications were made to, and heard by, judges. Enactment of s. 87.5 terminated all of applications under program and issue of whether minister could be forced to process applications was no longer live controversy.

Kearney v. Canada (Minister of Citizenship and Immigration) (Jun. 15, 2015, F.C.A., C. Michael Ryer J.A., Webb J.A., and Rennie J.A., File No. A-117-14) Decision at 237 A.C.W.S. (3d) 744 was affirmed. 254 A.C.W.S. (3d) 919.

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