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27107

Huor Chieu v. Minister of Citizenship and Immigration

(Federal) (Civil) (By Leave)

Docket

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

List of proceedings
Date Proceeding Filed By
(if applicable)
2002-06-26 Correspondence received from, Gowlings; re: costs have been settled Huor Chieu
2002-06-18 Bill of costs, Completed on: 2002-06-18 Huor Chieu
2002-02-21 Record returned to the Registrar of the Court of Appeal
2002-02-12 Appeal closed
2002-02-11 Formal judgment sent to the registrar of the court of appeal and all parties
2002-01-16 Copy of formal judgment being prepared
2002-01-14 Notice of deposit of judgment sent to all parties
2002-01-11 Judgment on the appeal rendered, CJ L'HD G Ia Ma Ba Bi Arb LeB, The appeal is allowed with costs. The judgment of the Federal Court of Appeal is set aside, and the matter is returned to the Immigration Appeal Division for reconsideration in accordance with the reasons for judgment.
Allowed, with costs
2000-10-20 Transcript received, (106 pages) (joint with 27111)
2000-10-10 Judgment reserved OR rendered with reasons to follow
2000-10-10 Hearing of the appeal, 2000-10-10, (V065/V066), CJ L'HD G Ia Ma Ba Bi Arb LeB
Judgment reserved
2000-10-10 Supplemental document, condensed authorities given in court Canadian Council Churches
2000-10-10 Acknowledgement and consent for video taping of proceedings, (joint with 27111)
2000-09-07 Notice of hearing Huor Chieu
2000-09-01 Appeal hearing scheduled, 2000-10-10
Judgment reserved
2000-05-26 Decision on motion to extend time, Reg, to serve & file the appellants joint of authorities (joint with 27111) to May 4, 2000, nunc pro tunc.
Granted, no order as to costs
2000-05-26 Submission of motion to extend time, Reg
2000-05-19 Intervener's factum, Completed on: 2000-05-19 Immigration and Refugee Board ("the Board")
2000-05-19 Book of authorities, (joint with 27111), Completed on: 2000-05-19 Immigration and Refugee Board ("the Board")
2000-05-18 Book of authorities, Completed on: 2000-05-18 Canadian Council Churches
2000-05-18 Intervener's factum, Completed on: 2000-05-18 Canadian Council Churches
2000-05-17 Motion to extend time, to file Joint book of authorities to May 4, 2000 (joint with 27111) - 1 copy, Completed on: 2000-05-17 Huor Chieu
2000-05-04 Appellant's book of authorities, (joint with 27111) (extension of time requested), Completed on: 2000-05-04 Huor Chieu
2000-04-20 Appeal perfected for hearing, Session beginning on 2000-10-02
2000-04-20 Respondent's book of authorities, (joint with 27107), Completed on: 2000-04-20 Minister of Citizenship and Immigration
2000-04-20 Respondent's record, Completed on: 2000-04-20 Minister of Citizenship and Immigration
2000-04-20 Respondent's factum, Completed on: 2000-04-20 Minister of Citizenship and Immigration
2000-04-11 Order on motion to extend time, (by the Court)
2000-04-11 Decision on motion to extend time, Reg, to serve & file the appellant's record to Mar.14, 2000, nunc pro tunc. and for an order permitting the record to be printed on legal size paper.
Granted, no order as to costs
2000-04-11 Submission of motion to extend time, Reg
2000-04-07 Order on motion for leave to intervene, (by the Court)
2000-04-07 Decision on the motion for leave to intervene, G, and extension of time by the CANADIAN COUNCIL OF CHURCHES is granted, the applicant shall be entitled to serve & file a factum not to exceed 20 pages in length and to present oral argument not to exceed 15 minutes. The intervener shall not be entitled to adduce further evidence or otherwise to supplement the record apart from its factum and oral submissions. Pursuant to rule 18(6) the intervener shall pay to the appellant and respondent any additional disbursements occasioned to the appellant and respondent by the intervention.
Granted, no order as to costs
2000-04-07 Submission of motion for leave to intervene, G
2000-03-31 Reply to the motion for leave to intervene, (Letter Form), from L. Waldman dated March 31, 2000 (fax copy), Completed on: 2000-03-31 Canadian Council Churches
2000-03-24 Motion to extend time, to serve and file the Appellant's Record and to accept Record printed on legal size, Completed on: 2000-03-27 Huor Chieu
2000-03-23 Response to the motion for leave to intervene, from J.A. Bowers, Q.C. dated March 22/00 (by fax) re: Canadian Council of Churches' Intervention, Completed on: 2000-03-23 Minister of Citizenship and Immigration
2000-03-17 Supplemental document, (submission in support of the motion to intervene) - 2 copies Canadian Council Churches
2000-03-17 Motion for leave to intervene, (joint with extension of time, oral submissions of 30 minutes and filing the factum no later than 60 days after the filing of the respondent's factum) - 2 copies, Completed on: 2000-03-17 Canadian Council Churches
2000-03-14 Appellant's record, (original received Apr. 10/00) (extension of time requested and motion to accept as filed), Completed on: 2000-03-14 Huor Chieu
2000-03-06 Appellant's factum, Completed on: 2000-03-06 Huor Chieu
2000-01-19 Order on motion for leave to intervene, (by the Court)
2000-01-19 Decision on the motion for leave to intervene, G, (joint with 27111) by the IMMIGRATION AND REFUGEE BOARD is granted, the factum is limited to 20 pages & oral argument to 20 minutes. The intervener shall not be entitled to adduce further evidence or otherwise to supplement the record apart from its factum and oral submissions. Pursuant to Rule 18(6) the intervener shall pay to the appellants and respondent any additional disbursements occasioned to the appellants and respondent by the intervention.
Granted, no order as to costs
2000-01-19 Submission of motion for leave to intervene, by the Immigration & Refugee Brd, G
1999-12-30 Response to the motion for leave to intervene, (joint with 27111), Completed on: 1999-12-30 Huor Chieu
1999-12-24 Motion for leave to intervene, (joint with 27111), Completed on: 1999-12-24 Immigration and Refugee Board ("the Board")
1999-11-18 Appeal court record, 1 accordion file
1999-11-09 Order granting leave to appeal
1999-11-09 Letter acknowledging receipt of notice of appeal
1999-11-05 Notice of appeal, Completed on: 1999-11-05 Huor Chieu
1999-10-15 Notice of deposit of judgment issued to all parties
1999-10-14 Judgment of the Court on the application for leave to appeal, The application for leave to appeal is granted.
Granted, no order as to costs
1999-06-21 All materials on application for leave submitted to the Judges, Ma Ba Bi
1999-05-06 Decision on motion to file a lengthy memorandum of argument, Reg, (namely 23 pages ) in support of the application for leave to appeal and a reply (namely 6 pages).
Granted, no order as to costs
1999-05-06 Submission of motion to file a lengthy memorandum of argument, Reg
1999-04-29 Letter acknowledging receipt of a complete application for leave to appeal
1999-04-21 Motion to file a lengthy memorandum of argument, (amended leave application exceeding 20 pages and amended applicant's reply exceeding 5 pages) - 1 copy, Completed on: 1999-04-21 Huor Chieu
1999-04-21 Applicant's reply to respondent's argument, AMENDED REPLY, Completed on: 1999-04-21 Huor Chieu
1999-04-21 Application for leave to appeal, AMENDED LEAVE APPLICATION FOR LEAVE TO APPEAL, Completed on: 1999-04-21 Huor Chieu
1999-04-08 Decision on the miscellaneous motion, Reg, by the applicant for an order accepting the argument as filed notwithstanding that the line spacing does not comply with the rules.
Dismissed, no order as to costs
1999-04-08 Submission of miscellaneous motion, to be exempt from the requirement of one and one-half line spacing, Reg
1999-03-18 Notice of miscellaneous motion, (for an order exempting the printing of the memorandum of arguments from the requirement of l.5 spacing), Completed on: 1999-03-18 Huor Chieu
1999-03-11 Letter acknowledging receipt of an incomplete application for leave to appeal
1999-03-02 Applicant's reply to respondent's argument, (motion requesting - spacing) - DO NOT SENT TO THE PANEL, SEE AMENDED REPLY FILED ON APRIL 21, 1999, Incomplete Huor Chieu
1999-02-25 Respondent's response on the application for leave to appeal, (printed on right side) - 5 new copies received on Feb. 25, 1999, Incomplete Minister of Citizenship and Immigration
1999-01-27 General proceeding, in the form of an incomplete leave application - do not submit to the Court. It has been replaced with a revised leave application on April 21, 1999. Huor Chieu

Parties

Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.

Main parties

Main parties - Appellants
Name Role Status
Chieu, Huor Appellant Active

v.

Main parties - Respondents
Name Role Status
Minister of Citizenship and Immigration Respondent Active

Other parties

Other parties
Name Role Status
Immigration and Refugee Board ("the Board") Intervener Active
Canadian Council Churches Intervener Active

Counsel

Party: Chieu, Huor

Counsel
Name
David Matas
Contact information
225 Vaughan Street
Suite 602
Winnipeg, Manitoba
R3C 1T7
Telephone: (204) 944-1831
FAX: (204) 942-1494
Email: dmatas@mts.net
Agent
Name
Henry S. Brown, Q.C.
Contact information
Gowling WLG (Canada) LLP
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 788-3433
Email: henry.brown@gowlings.com

Party: Minister of Citizenship and Immigration

Counsel
Names
Judith Bowers, Q.C.
Sharlene Telles-Langdon
Contact information
Attorney General of Canada
900 - 840 Howe St
Vancouver, British Columbia
V6Z 2S9
Telephone: (604) 775-7421
FAX: (604) 666-1462
Agent
Name
Graham R. Garton, Q.C.
Contact information
Attorney General of Canada
234 Wellington Street
East Tower, Room 1212
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4842
FAX: (613) 954-1920
Email: ggarton@justice.gc.ca

Party: Immigration and Refugee Board ("the Board")

Counsel
Name
Brian A. Crane, Q.C.
Contact information
Gowling WLG (Canada) LLP
2600 - 160 Elgin St
Box 466 Station D
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 563-9869
Email: brian.crane@gowlingwlg.com

Party: Canadian Council Churches

Counsel
Name
Lorne Waldman
Contact information
Jackman, Waldman & Associates
281 Eglington Ave East
Toronto, Ontario
M4P 1L3
Telephone: (416) 482-6501
FAX: (416) 489-9618
Agent
Name
Henry S. Brown, Q.C.
Contact information
Gowling WLG (Canada) LLP
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 788-3433
Email: henry.brown@gowlings.com

Summary

Keywords

None.

Summary

Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.

None.

Lower court rulings

December 18, 1996
Federal Court of Canada, Trial Division

IMM-3294-95

see file

December 3, 1998
Federal Court of Appeal

A-1038-96

appeal dismissed

Filed documents

The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.

If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.

Downloadable PDFs

Not available

The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.

If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.

Downloadable PDFs

Not available

The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.

If you have questions about a condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.

Downloadable PDFs

Not available

Webcasts

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Date modified: 2025-05-13