2012 FC, 2012 FC 1332

Date: 20121116 Docket: IMM-2403-12 Citation: 2012 FC 1332 Ottawa , Ontario , November 16, 2012 PRESENT: The Honourable Mr. Justice Barnes BETWEEN: RAMDIAL BANGA PARBATIE BANGA AND ANDY BANGA Applicants and THE MINISTER OF CITIZENSHIP AND IMMIGRATION AND THE MINISTER OF PUBLIC SAFETY AND EMERGENCY PREPAREDNESS Respondents REASONS FOR JUDGMENT AND JUDGMENT [ 1 ] The Applicants were granted a stay of removal by Order of the Court dated March 15, 2012. That stay was granted in recognition of Parbatie Banga’s pending knee surgery in April 2012.

In the meantime the Applicants’ humanitarian and compassionate application has been dismissed and Mrs. Banga has recovered from her surgery. In the result the events that justified the stay have been overcome by the passage of time and the application is now moot.

This point was recognized by the Federal Court of Appeal in Baron v Canada , 2009 FCA 81 at para 37 , [2009] FCJ no 314 : 37 As I understand Strayer J.'s Reasons, it is the passing of the events in respect to which the applicant was seeking a deferral of his removal, i.e. a Family Court conference and a medical appointment, which rendered the judicial review application moot. In those circumstances, as Strayer J. says above, "... there can be no practical effect of a judicial review decision". I cannot but agree with that statement in light of the facts before the learned Judge.

It is clear, however, that Strayer J. did not conclude that the application before him was moot simply because the removal date had come and gone, which is the position adopted by the Applications Judge. [ 2 ] In these circumstances no purpose is served by passing final judgment on the decision under review and the application is dismissed. No question of general importance arises and no question will be certified.

JUDGMENT THIS COURT’S JUDGMENT is that this application is dismissed. "R.L. Barnes" Judge FEDERAL COURT SOLICITORS OF RECORD DOCKET: IMM-2403-12 STYLE OF CAUSE: BANGA ET AL v MCI ET AL PLACE OF HEARING: Toronto, ON DATE OF HEARING: November 15, 2012 REASONS FOR JUDGMENT: BARNES J. DATED: November 16, 2012 APPEARANCES : Munyonzwe Hamalengwa FOR THE APPLICANTS Meva Motwani FOR THE RESPONDENTS SOLICITORS OF RECORD :

Munyonzwe Hamalengwa Barrister and Solicitor Toronto , ON FOR THE APPLICANTS Myles J. Kirvan Deputy Attorney General of Canada Toronto , ON FOR THE RESPONDENTS