2022 FC, 2022 FC 1093

Date: 20220722 Docket: IMM-6587-22 Citation: 2022 FC 1093 Ottawa, Ontario, July 22, 2022 PRESENT: The Honourable Madam Justice Heneghan BETWEEN: NANAK P. SINGH Applicant and THE MINISTER OF IMMIGRATION, REFUGEES AND CITIZENSHIP Respondent REASONS AND ORDER [ 1 ] Mr. Nanak Singh (the “Applicant”) filed an application for leave and judicial review on July 12, 2022, in respect of the denial of a Study Permit to Ms. Davneet Kour.

The negative decision was made by an officer (the “Officer”) on June 3, 2022. [ 2 ] On July 14, 2022, the Applicant filed a Notice of Motion seeking an expedited hearing of the underlying application for judicial review, on the grounds that Ms. Kour was due to begin her studies at Markham District High School of the York Region District School Board on August 22, 2022. [ 3 ] The Applicant named the " “Minister of Immigration, Refugees and Citizenship” " as the Respondent. [ 4 ] There is no such Minister. The proper respondent is the " “Minister of Citizenship and Immigration” " .

Accordingly, the style of cause is hereby amended. [ 5 ] The Minister of Citizenship and Immigration (the “Respondent”) challenges the standing of the Applicant to bring the application for leave and judicial review on the basis that he is not “directly interested” in the matter, within the meaning of

section 18.1(1) of the Federal Courts Act , R.S.C. 1985, c. F-7 . He submits that only Ms. Kour can bring the application. [ 6 ] Further, the Respondent submits that there is no good reason to expedite the hearing of the application for judicial review, should leave be granted. [ 7 ] The first matter to be addressed is the Applicant’s standing to bring this application for judicial review. I refer to subsection 18.1(1) of the Federal Courts Act , supra which provides as follows: Application for judicial review " " Demande de contrôle judiciaire " " 18.1

(1) An application for judicial review may be made by the Attorney General of Canada or by anyone directly affected by the matter in respect of which relief is sought. " " 18.1

(1) Une demande de contrôle judiciaire peut être présentée par le procureur général du Canada ou par quiconque est directement touché par l’objet de la demande. " " [ 8 ] Although the Applicant provided evidence about his personal " “interest” " in the request for the study permit, he has not shown that he is “directly affected” by the decision refusing the study permit to Ms. Kour. [ 9 ] Rule 75(1) of the Federal Courts Rules , S.O.R./98-106 (the “ Rules ”) allows amendments to a pleading and provides as follows: Amendments with leave " " Modifications avec autorisation " " 75

(1) Subject to subsection (2) and rule 76, the Court may, on motion, at any time, allow a party to amend a document, on such terms as will protect the rights of all parties. " " 75

(1) Sous réserve du paragraphe (2) et de la règle 76, la Cour peut à tout moment, sur requête, autoriser une

partie à modifier un document, aux conditions qui permettent de protéger les droits de toutes les parties. " " [ 10 ] Accordingly, in the exercise of my discretion, I will allow the Applicant to file an Amended Application for Leave and Judicial

Review, adding Ms. Kour as an Applicant. [ 11 ] Next, there is the question as to the Applicant’s status to represent Ms. Kour in the proceeding. [ 12 ] The Respondent submits that since Ms. Kour is a minor and therefore a " “person under a legal disability” " within the meaning of Rule 115(1)(b), she requires representation by a solicitor, pursuant to Rule 121. [ 13 ] Rule 115(1)(

b) provides as follows: Appointment of representatives " " Nomination de représentants " " 115

(1) The Court may appoint one or more persons to represent " " 115

(1) La Cour peut désigner une ou plusieurs personnes pour représenter : " " (

b) a person under a legal disability against or by whom a proceeding is brought. (

b) une personne n’ayant pas la capacité d’ester en justice contre laquelle une instance est introduite ou qui en prend l’initiative. [ 14 ] Rule 119(1) is also relevant and provides as follows: Individuals " " Personne physique " " 119

(1) Subject to rule 121, an individual may act in person or be represented by a solicitor in a proceeding. " " 119

(1) Sous réserve de la règle 121, une personne physique peut agir seule ou se faire représenter par un avocat dans toute instance. " " [ 15 ] Rule 121 provides as follows: Parties under legal disability or acting in representative capacity " "

Partie n’ayant pas la capacité d’ester en justice ou agissant en qualité de représentant " " 121 Unless the Court in special circumstances orders otherwise, a party who is under a legal disability or who acts or seeks to act in a representative capacity, including in a representative proceeding or a class proceeding, shall be represented by a solicitor. " " 121 La

partie qui n’a pas la capacité d’ester en justice ou qui agit ou demande à agir en qualité de représentant, notamment dans une instance par représentation ou dans un recours collectif, se fait représenter par un avocat à moins que la Cour, en raison de circonstances particulières, n’en ordonne autrement. " " [ 16 ] The Applicant conceded that he is able to engage a lawyer but submits that he is capable of arguing the application for Judicial Review, as the representative of Ms.

Kour. [ 17 ] I note that Rule 115(1) grants the Court discretion in the matter of appointing a representative for a person under a legal disability. [ 18 ] Rule 121 recognizes that the Court may, " “in special circumstances” " , dispense with the obligation that a person under a legal disability, be represented by a solicitor. In my opinion, having regard to the facts outlined in the affidavit filed by the Applicant in support of this Motion, such " “special circumstances” " exist in this case. [ 19 ] Ms. Kour is a 16-year-old girl who wishes to attend Grade 11 at Markham District High School.

The Applicant is willing to cover her expenses and to provide accommodation, in other words to support her. In these circumstances, in the exercise of my discretion, I am prepared to allow him to represent Ms. Kour, once the application for Judicial Review is amended to show that she is an applicant. [ 20 ] Should the Applicant choose to engage a solicitor to conduct the litigation, he is at liberty to do so. [ 21 ] There remains the request of the Applicant for an expedited disposition of his application for Leave and Judicial Review. [ 22 ] The Applicant seeks an expedited process, in the hope that Ms.

Kour can attend school, beginning on August 22, 2022. [ 23 ] The Respondent opposes the request. He submits that expediting this application will impose an undue burden on his resources, upon his counsel, and upon the Court. He also argues that expediting the matter would give an unfair advantage to the Applicant and to Ms. Kour, amounting to " “queue jumping” " .

[ 24 ] I am not persuaded by the Respondent’s objections. [ 25 ] The perfection and hearing of the application for Judicial Review can be expedited. The result of any hearing will either be a judgment setting aside the negative decision or a judgment dismissing the application.

If the application succeeds, the remedy is to set aside the negative decision and remit the matter for redetermination by another officer. [ 26 ] In the result, I am prepared to order that the perfection of the application for Judicial Review be expedited and if leave is granted, that the hearing be expedited. [ 27 ] Accordingly, I set out the following timeline: 1 . The Applicant is to serve and file an Amended Application for Judicial Review within five (5) days of his receipt of this Order. 2 .

The Applicant is to complete his Application Record seeking Leave and Judicial Review, in accordance with the Rules , within five (5) days after service of the Amended Application for Judicial Review. 3 . The Respondent is to serve and file his Responding Record within ten (10) days after receipt of the Applicant’s Application Record. 4 . The Applicant is to serve and file any Reply within three (3) days after receipt of the Respondent’s Record. 5 . If Leave is granted, the timelines for filing further memoranda will be abbreviated and those timelines will be set out in the Leave order. 6 .

If Leave is granted, this matter will be heard on Wednesday, September 21, 2022 at 10:00 AM, Eastern by videoconference. ORDER in IMM-6587-22 THIS COURT’S ORDER is that: 1 . The Applicant, Mr. Nanak Singh, is granted Leave to represent Ms. Davneet Kour in the prosecution of the within proceeding. 2 . The Applicant is granted Leave to amend the Application for Leave and Judicial Review to include Ms. Davneet Kour as an Applicant. 3 . The Applicant is to serve and file an Amended Application for Judicial Review within five (5) days of his receipt of this Order. 4 .

The Applicant is to complete his Application Record seeking Leave and Judicial Review, in accordance with the Rules , within five (5) days after service of the Amended Application for Judicial Review. 5 . The Respondent is to serve and file his Responding Record within ten (10) days after receipt of the Applicant’s Application Record. 6 . The Applicant is to serve and file any Reply within three (3) days after receipt of the Respondent’s Record. 7 . If Leave is granted, the timelines for filing further memoranda will be abbreviated and those timelines will be set out in the Leave order. 8 .

If Leave is granted, this matter will be heard on Wednesday, September 21, 2022 at 10:00 AM, Eastern by videoconference. 9 . The style of cause is amended to remove the “Minister of Immigration, Refugees and Citizenship” and replace with the “Minister of Citizenship and Immigration”, as the Respondent. "E. Heneghan" Judge FEDERAL COURT SOLICITORS OF RECORD DOCKET: IMM-6587-22 STYLE OF CAUSE: NANAK P. SINGH v THE MINISTER OF IMMIGRATION, REFUGEES AND CITIZENSHIP PLACE OF HEARING: HEARD BY teleconference between ottawa and Toronto, ontario

REASONS AND ORDER: HENEGHAN J. DATED: JULY 22, 2022 APPEARANCES : Nanak P. Singh FOR THE APPLICANT Brad Gotkin FOR THE RESPONDENT SOLICITORS OF RECORD : Attorney General of Canada Toronto, Ontario FOR THE RESPONDENT