SAMSON BABAFEMI BABAJIDE, MODUPE ADETEJU BABAJIDE, BABATOPE OLADIPUPO BABAJIDE v. OLUWATOMIKE TEMILOLUWA BABAJIDE, 2019 FC 974

Date: 20190723 Docket: IMM-2329-18 Citation: 2019 FC 974 Ottawa, Ontario, July 23, 2019 PRESENT: Mr. Justice Norris BETWEEN:SAMSON BABAFEMI BABAJIDE, MODUPE ADETEJU BABAJIDE, BABATOPE OLADIPUPO BABAJIDE AND OLUWATOMIKE TEMILOLUWA BABAJIDEApplicantsandTHE MINISTER OF CITIZENSHIP AND IMMIGRATIONRespondent JUDGMENT AND REASONS [1] Mr. Samson Babafemi Babajide, his spouse and their dependent children are citizens of Nigeria. In April 2012, Mr. Babajideapplied on his own behalf and on behalf of his immediate family for Canadian permanent residence under the Quebec InvestorImmigrant Program.

He submitted all the required documents and fees. He responded to all requests for further information ordocuments in a timely way. In June 2014, he transferred $220,000 to the Government of Quebec as required under the program. [2] Despite repeated requests for a decision on the application, no decision was forthcoming. Eventually, in May 2018, the applicantsbrought an application for a writ of mandamus to compel the Immigration

Section at the High Commission of Canada in Accra, Ghana,to complete the processing of their application for permanent residence.

The applicants also sought related declaratory orders as well ascosts. [3] Leave to proceed with the application was granted in September 2018. [4] The application was heard on December 19, 2018, and judgment was reserved. [5] The evidence before the Court at the time of the hearing of the application was that the applicants’ application for permanentresidence "“may be put into processing in 2019 depending on the Embassy’s future target for Quebec economic investor applications.”" [6] In response to a recent inquiry from the Court, counsel for the parties have confirmed that not only have the applications beenprocessed, the applications were successful and the applicants have all received permanent resident visas for Canada.

It appears that thishappened sometime in June 2019. In view of this development, counsel for the applicant acknowledges that "“no decision needs to [be]rendered by the Court.”" [7] Since the applicants have not formally withdrawn their application for mandamus and related relief, it will be disposed of by theCourt on the basis that it is now moot. There is no suggestion that there are issues that should be determined by the Courtnotwithstanding the mootness of the application (cf. Borowski v Canada (Attorney General), (SCC), [1989] 1 SCR 342at 353-63).

Nor is there any suggestion that a serious question of general importance should be certified. JUDGMENT IN IMM-2329-18 THIS COURT’S JUDGMENT is that 1. The application is dismissed as moot. 2. No serious question of general importance is stated. 3. No costs are ordered. “John Norris” Judge FEDERAL COURT SOLICITORS OF RECORD

DOCKET: IMM-2329-18 STYLE OF CAUSE: SAMSON BABAFEMI BABAJIDE ET AL v THE MINISTER OF CITIZENSHIP AND IMMIGRATION PLACE OF HEARING: Toronto, Ontario DATE OF HEARING: December 19, 2018 JUDGMENT AND REASONS: NORRIS J. DATED: July 23, 2019 APPEARANCES : Khrystyna Yankovska For The ApplicantS Teresa Ramnarine For The Respondent SOLICITORS OF RECORD : Pace Law Professional Corporation Toronto, Ontario For The ApplicantS Attorney General of Canada Toronto, Ontario For The Respondent