Docket

35215

Luis Alberto Hernandez Febles v. Minister of Citizenship and Immigration

(Federal) (Civil) (By Leave)

Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.

Proceedings
Date Proceeding Filed By
(if applicable)
2014-11-03 Appeal closed
2014-10-31 Formal judgment sent to the registrar of the court of appeal and all parties
2014-10-31 Judgment on appeal and notice of deposit of judgment sent to all parties
2014-10-30 Judgment on the appeal rendered, CJ LeB Abe Ro Cro Mo Wa, The appeal from the judgment of the Federal Court of Appeal, Number A-379-11, 2012 FCA 324, dated December 7, 2012, heard on March 25, 2014, is dismissed. The decision of the Immigration and Refugee Board denying refugee protection to the appellant is upheld. Abella and Cromwell JJ. are dissenting.
Dismissed
2014-04-08 Transcript received, 140 pages
2014-03-27 Correspondence received from, Jennifer Klinck re: error in factum Amnesty International
2014-03-25 Judgment reserved OR rendered with reasons to follow
2014-03-25 Intervener's condensed book, (Book Form), Submitted in Court (14 copies) Amnesty International
2014-03-25 Intervener's condensed book, (Book Form), Submitted in Court (14 copies) United Nations High Commissioner for Refugees
2014-03-25 Intervener's condensed book, (Book Form), submitted in Court (14 copies) Canadian Council for Refugees
2014-03-25 Respondent's condensed book, (Book Form), Submitted in Court (14 copies) Minister of Citizenship and Immigration
2014-03-25 Appellant's condensed book, (Book Form), Submitted in Court (14 copies) Luis Alberto Hernandez Febles
2014-03-25 Hearing of the appeal, 2014-03-25, CJ LeB Abe Ro Cro Mo Wa
Judgment reserved
2014-03-24 Notice of appearance, Peter Edelmann, Lorne Waldmanand, Aris Daghighian will be present Canadian Civil Liberties Association
2014-03-20 Notice of appearance, Angus Grant and Pia Zambelli will be present Canadian Council for Refugees
2014-03-20 Notice of appearance, Aviva Bassman and Alyssa Manning will be present Canadian Association of Refugee Lawyers
2014-03-20 Notice of appearance, Jennifer Klinck, Perri Ravon, Michael Sabet and Justin Dubois will be present Amnesty International
2014-03-19 Notice of appearance, John terry and Ryan Lax will be present United Nations High Commissioner for Refugees
2014-03-19 Correspondence received from, Marie-France Major re: 3 reserved seats United Nations High Commissioner for Refugees
2014-03-18 Certificate (on limitations to public access), (Letter Form), (Electronic version due on 2014-03-25) Minister of Citizenship and Immigration
2014-03-18 Order by, Abe, FURTHER TO THE ORDER dated January 29, 2014, granting leave to intervene to Amnesty International, the United Nations High Commissioner for Refugees, the Canadian Association of Refugee Lawyers, the Canadian Council for Refugees and the Canadian Civil Liberties Association;
IT IS HEREBY FURTHER ORDERED THAT: the said interveners are each granted permission to present oral argument not exceeding ten (10) minutes at the hearing of the appeal.
Granted
2014-03-18 Supplemental document, Authorities, Completed on: 2014-03-18 Minister of Citizenship and Immigration
2014-03-18 Reply factum on appeal, (Book Form), service missing (rec'd 2014-03-20), Completed on: 2014-03-20, (Electronic version filed on 2014-03-20) Minister of Citizenship and Immigration
2014-03-13 Correspondence received from, Aris Daghighian re: 2 reserved seats Canadian Civil Liberties Association
2014-03-13 Supplemental document, (Book Form), Appellant's supplemental authorities. Service missing, Completed on: 2014-03-21, (Electronic version filed on 2014-03-13) Luis Alberto Hernandez Febles
2014-03-11 Intervener's book of authorities, (Book Form), Completed on: 2014-03-11, (Electronic version filed on 2014-03-11) Canadian Council for Refugees
2014-03-11 Intervener's factum, (Book Form), Completed on: 2014-03-11, (Electronic version filed on 2014-03-11) Canadian Council for Refugees
2014-03-11 Intervener's book of authorities, (Book Form), Completed on: 2014-03-11, (Electronic version filed on 2014-03-11) United Nations High Commissioner for Refugees
2014-03-11 Intervener's factum, (Book Form), Completed on: 2014-03-11, (Electronic version filed on 2014-03-11) United Nations High Commissioner for Refugees
2014-03-11 Intervener's book of authorities, (Book Form), Completed on: 2014-03-11, (Electronic version filed on 2014-03-11) Amnesty International
2014-03-11 Intervener's factum, (Book Form), Completed on: 2014-03-11, (Electronic version filed on 2014-03-11) Amnesty International
2014-03-11 Intervener's book of authorities, (Book Form), Completed on: 2014-03-11 Canadian Association of Refugee Lawyers
2014-03-11 Intervener's factum, (Book Form), Completed on: 2014-03-11, (Electronic version filed on 2014-03-11) Canadian Association of Refugee Lawyers
2014-03-10 Notice of appearance, Peter Shams and Jared Will will be present, 7 reserved seats Luis Alberto Hernandez Febles
2014-03-10 Correspondence received from, Aivia Basman re: 10 reserved seats Canadian Association of Refugee Lawyers
2014-03-10 Correspondence received from, Aviva Basman re: change of counsel Canadian Association of Refugee Lawyers
2014-03-07 Intervener's book of authorities, (Book Form), Service missing. Received 2014-03-14., Completed on: 2014-03-07, (Electronic version filed on 2014-03-13) Canadian Civil Liberties Association
2014-03-07 Intervener's factum, (Book Form), Service missing. Received 2014-03-14., Completed on: 2014-03-14, (Electronic version filed on 2014-03-13) Canadian Civil Liberties Association
2014-03-07 Order on miscellaneous motion, (by the DEPUTY REGISTRAR)
2014-03-07 Decision on miscellaneous motion, DeRg, UPON APPLICATION by the appellant for an order permitting him to file a supplementary book of authorities containing the table of contents and Chapter 7 of the forthcoming publication, The Law of Refugees Status, second edition;
THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT:
The motion is granted, and the appellant may serve and file his supplemental book of authorities on or before March 14, 2014.
Granted
2014-03-07 Submission of miscellaneous motion, DeRg
2014-03-05 Notice of appearance, François Joyal will be present. 8 seats requested Minister of Citizenship and Immigration
2014-02-27 Correspondence received from, Notice of change of law firm, from Heenan Blaikie to Power Law Amnesty International
2014-02-27 Correspondence received from, Joanna G. Theckeray re: address Amnesty International
2014-02-27 Notice of miscellaneous motion, (Letter Form), To file supplemental authorities (fees missing) (rec'd 2014-03-10), Completed on: 2014-03-10, (Printed version filed on 2014-03-04) Luis Alberto Hernandez Febles
2014-02-05 Appeal perfected for hearing
2014-02-04 Respondent's book of authorities, (Book Form), 5 volumes, Completed on: 2014-02-04 Minister of Citizenship and Immigration
2014-02-04 Respondent's factum, (Book Form), Completed on: 2014-02-04 Minister of Citizenship and Immigration
2014-02-04 Correspondence received from, Request for 4 reserved seats Amnesty International
2014-01-29 Order on motion to extend time, (see order on motion for leave to intervene dated January 29, 2014) (by ABELLA J.)
2014-01-29 Order on motion for leave to intervene, (by ABELLA J.)
2014-01-29 Decision on motion to extend time, (see order on the motion for leave to intervene dated January 29, 2014), Abe
Granted
2014-01-29 Decision on the motion for leave to intervene, Abe, UPON APPLICATIONS by the Refugee Law Initiative for an extension of time to apply for leave to intervene and for leave to intervene in the above appeal;
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT:
The motion for an extension of time to apply for leave to intervene is granted. The motion for leave to intervene is dismissed.
Dismissed
2014-01-29 Submission of motion to extend time, Abe
2014-01-29 Submission of motion for leave to intervene, Abe
2014-01-29 Order on motion for leave to intervene, (by ABELLA J.)
2014-01-29 Decision on the motion for leave to intervene, Abe, UPON APPLICATIONS by Amnesty International, the United Nations High Commissioner for Refugees, the Canadian Association of Refugee Lawyers, the Canadian Council for Refugees and the Canadian Civil Liberties Association for leave to intervene in the above appeal;
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT:
The motions for leave to intervene of Amnesty International, the United Nations High Commissioner for Refugees, the Canadian Association of Refugee Lawyers, the Canadian Council for Refugees and the Canadian Civil Liberties Association are granted and the said interveners shall be entitled to each serve and file a factum not to exceed 10 pages in length on or before March 11, 2014.
To the extent that their interests are similar, interveners shall consult to avoid repetition.
The requests to present oral argument are deferred to a date following receipt and consideration of the written arguments of the parties and the interveners.
The interveners are not entitled to raise new issues or to adduce further evidence or otherwise to supplement the record of the parties.
Pursuant to Rule 59(1)(a) of the Rules of the Supreme Court of Canada, the interveners shall pay to the appellant and respondent any additional disbursements occasioned to the appellant and respondent by their interventions.
The respondent is permitted to serve and file a single factum of no more than 5 pages in response to all interveners on or before March 18, 2014. The appellant’s request to file a factum in reply thereto is denied.
Granted
2014-01-29 Submission of motion for leave to intervene, Abe
2014-01-27 Reply to motion to extend time, (Letter Form), (Included in the reply to the motion for leave to intervene), Completed on: 2014-01-27 Refugee Law Initiative
2014-01-27 Reply to the motion for leave to intervene, (Letter Form), Completed on: 2014-01-27, (Electronic version filed on 2014-01-27) Refugee Law Initiative
2014-01-24 Response to motion to extend time, (Letter Form), Included in the Response for leave to intervene., Completed on: 2014-01-24, (Electronic version filed on 2014-01-24) Luis Alberto Hernandez Febles
2014-01-24 Response to the motion for leave to intervene, (Letter Form), Response to ext. time also included, Completed on: 2014-01-24, (Electronic version filed on 2014-01-24) Luis Alberto Hernandez Febles
2014-01-23 Response to motion to extend time, (Letter Form), (Included in the response to the motion for leave to intervene), Included in the Response for leave to intervene., Completed on: 2014-01-23, (Electronic version filed on 2014-01-23) Minister of Citizenship and Immigration
2014-01-23 Response to the motion for leave to intervene, (Letter Form), Response to ext. time also included , Completed on: 2014-01-23, (Electronic version filed on 2014-01-23) Minister of Citizenship and Immigration
2014-01-21 Motion to extend time, (Book Form), Motion to extend time to file the motion for leave to intervene, Completed on: 2014-01-21 Refugee Law Initiative
2014-01-21 Motion for leave to intervene, (Book Form), Completed on: 2014-01-21 Refugee Law Initiative
2014-01-16 Reply to the motion for leave to intervene, Completed on: 2014-01-16 United Nations High Commissioner for Refugees
2014-01-15 Response to the motion for leave to intervene, (to all motions for leave to intervene), Completed on: 2014-01-15 Luis Alberto Hernandez Febles
2014-01-14 Reply to the motion for leave to intervene, Completed on: 2014-01-14 Canadian Council for Refugees
2014-01-14 Correspondence (sent by the Court) to, Refugee Law Initiative (of the United Kingdon) advising that they require Canadian counsel in order to proceed in this matter.
2014-01-14 Reply to the motion for leave to intervene, Completed on: 2014-01-14 Canadian Association of Refugee Lawyers
2014-01-10 Reply to the motion for leave to intervene, Completed on: 2014-01-10 Amnesty International
2014-01-09 Response to the motion for leave to intervene, (joint response to all motions), Completed on: 2014-01-09 Minister of Citizenship and Immigration
2013-12-20 Motion for leave to intervene, (Book Form), Completed on: 2013-12-20 Canadian Civil Liberties Association
2013-12-20 Motion for leave to intervene, (Book Form), Completed on: 2013-12-20 Canadian Council for Refugees
2013-12-20 Motion for leave to intervene, (Book Form), Completed on: 2013-12-20 Canadian Association of Refugee Lawyers
2013-12-19 Motion for leave to intervene, (Book Form), Completed on: 2013-12-19 United Nations High Commissioner for Refugees
2013-12-19 Motion for leave to intervene, (Book Form), Completed on: 2013-12-19 Amnesty International
2013-11-27 Notice of hearing sent to parties
2013-11-22 Appellant's book of authorities, (11 volumes), Completed on: 2013-11-22 Luis Alberto Hernandez Febles
2013-11-22 Appellant's record, (2 volumes), Completed on: 2013-11-22 Luis Alberto Hernandez Febles
2013-11-22 Appellant's factum, Completed on: 2013-11-22 Luis Alberto Hernandez Febles
2013-11-19 Appeal hearing scheduled, 2014-03-25, (previously tentatively scheduled April 16, 2014)
Judgment reserved
2013-08-30 Notice of appeal, Completed on: 2013-08-30 Luis Alberto Hernandez Febles
2013-08-06 Correspondence received from, François Joyal dated August 6/13 re: change of counsel Minister of Citizenship and Immigration
2013-07-23 Letter advising the parties of tentative hearing date and filing deadlines (Leave granted)
2013-07-05 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2013-07-05 Judgment on leave sent to the parties
2013-07-04 Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Federal Court of Appeal, Number A-379-11, 2012 FCA 324, dated December 7, 2012, is granted with costs in the cause.
Granted, with costs in the cause
2013-04-15 All materials on application for leave submitted to the Judges, CJ Abe Cro
2013-03-18 Applicant's reply to respondent's argument, (Letter Form), Completed on: 2013-03-18 Luis Alberto Hernandez Febles
2013-03-07 Respondent's response on the application for leave to appeal, (Book Form), Form 25B missing (rec'd March 8/2013), Completed on: 2013-03-08 Minister of Citizenship and Immigration
2013-02-08 Letter acknowledging receipt of an incomplete application for leave to appeal and without formal Court of Appeal order
2013-02-05 Book of authorities, (Book Form) Luis Alberto Hernandez Febles
2013-02-05 Application for leave to appeal, (Book Form), CA order missing (rec'd Feb 8/13), Completed on: 2013-02-08 Luis Alberto Hernandez Febles