Federal Appeal


Effect of s. 87.5 of Immigration and Refugee Protection Act (Can.) was to render appeals moot

Applicant’s Visa application and those of thousands of others who had applied under federal immigrant investor program were abolished by newly enacted s. 87.5 of Immigration and Refugee Protection Act, which operated to terminate all visa applications by foreign nationals under investor or entrepreneur classes that had not met certain requirements as of specified date. Applicant brought application for judicial review, seeking order in nature of mandamus to compel Minister of Citizenship and Immigration to process applications for permanent residence under program. Various other applications were consolidated for hearing with applicant’s application. Applications were dismissed. Applicants appealed. Appeals dismissed. Appeals were moot. Section 87.5 of act came into force and its effect was to terminate all of applications under program. Effect of s. 87.5 of act was to render all of appeals moot on basis that all of applications have been terminated. Live 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, federal court judges. As enactment of s. 87.5 terminated all of applications under program, issue of whether minister could be forced to process applications was no longer live controversy. Court declined to exercise discretion to hear moot appeal, as doing so would not have practical effect.

Jia 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-320-14) Decision at 242 A.C.W.S. (3d) 925 was affirmed.  255 A.C.W.S. (3d) 176.

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