Case information
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33142
Qianhui Deng, Administrator on behalf of the Estate of Shiming Deng (deceased) v. Minister of Public Safety and Emergency Preparedness
(Federal) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2009-07-14 | Close file on Leave | |
| 2009-07-10 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2009-07-10 | Judgment on leave sent to the parties | |
| 2009-07-09 |
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-244-08, 2009 FCA 59, dated February 26, 2009, is dismissed without costs. Dismissed, without costs |
|
| 2009-06-08 | All materials on application for leave submitted to the Judges, CJ Abe Ro | |
| 2009-05-29 | Applicant's reply to respondent's argument, Completed on: 2009-05-29 | Qianhui Deng, Administrator on behalf of the Estate of Shiming Deng (deceased) |
| 2009-05-21 | Book of authorities | Minister of Public Safety and Emergency Preparedness |
| 2009-05-21 | Respondent's response on the application for leave to appeal, Completed on: 2009-05-21 | Minister of Public Safety and Emergency Preparedness |
| 2009-05-07 | Notice of change of solicitor, (Letter Form), The new solicitor is Banafsheh Sokhansanj, rec'd May 7/09 by fax. | Minister of Public Safety and Emergency Preparedness |
| 2009-05-01 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2009-04-24 | Application for leave to appeal, Completed on: 2009-04-24 | Qianhui Deng, Administrator on behalf of the Estate of Shiming Deng (deceased) |
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
| Name | Role | Status |
|---|---|---|
| Qianhui Deng, Administrator on behalf of the Estate of Shiming Deng (deceased) | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Minister of Public Safety and Emergency Preparedness | Respondent | Active |
Counsel
Party: Qianhui Deng, Administrator on behalf of the Estate of Shiming Deng (deceased)
Counsel
4 -1854 1 Ave. W.
Vancouver, British Columbia
V6J 1G5
Telephone: (604) 739-0118 Ext: 106
FAX: (604) 739-0117
Email: lwong@the-law-business.com
Party: Minister of Public Safety and Emergency Preparedness
Counsel
900 - 840 Howe Street
Vancouver, British Columbia
V6Z 2S9
Telephone: (604) 666-1296
FAX: (604) 666-2639
Email: banafsheh.sokhansanj@justice.gc.ca
Agent
Bank of Canada Building - East Tower
234 Wellington Street, Room 1212
Ottawa, Ontario
K1A 0H8
Telephone: (613) 941-2351
FAX: (613) 954-1920
Email: christopher.rupar@justice.gc.ca
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.
Immigration - Judicial review - Inadmissibility and removal - Applicant father bringing application for leave to commence judicial review proceedings and seeking order granting extension of time for filing and serving application - Proceedings challenging referral of his late son to admissibility hearing and confiscation of his late son’s passport more than two years earlier - Applications judge denying request for extension of time and dismissing application for judicial review - Whether Federal Court of Appeal erred in holding that it lacked jurisdiction to grant relief requested in absence of a certified question pursuant to s. 74(d) of Immigration and Refugee Protection Act, S.C. 2001, c. 27 - Whether Federal Court of Appeal erred in holding that applications judge neither exceeded his jurisdiction nor failed to exercise jurisdiction by revisiting issue of extension of time after leave had already been granted by another judge of coordinate jurisdiction.
An immigration officer prepared a report under s. 44 of the Immigration and Refugee Protection Act in which he expressed the opinion that Mr. Shiming Deng was inadmissible to Canada for serious criminality as a result of a conviction for assault. A senior immigration officer reviewed the report and then referred Mr. Deng to the Immigration Division for an admissibility hearing. On November 22, 2005, Mr. Deng died in tragic circumstances. Nearly two years later, the Applicant, who is the father of Mr. Deng and the administrator of his estate, brought an application for leave to commence judicial review proceedings and sought an order granting an extension of time for filing and serving the application. The object of the challenge was the referral to the admissibility hearing and the confiscation of his dead son’s passport. A judge of the Federal Court sitting as a motions judge granted the Applicant leave to commence judicial review proceedings and set out a time-frame for completing the proceedings.
Lower court rulings
Federal Court of Canada, Trial Division
IMM-4221-07, 2008 FC 603
Extension of time denied, consequently, the application for judicial review is dismissed
Federal Court of Appeal
A-244-08, 2009 FCA 59
Dismissed without cost for lack of jurisdiction.
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
Related links
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
Related links
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