ADRIEN DAMBANA SUNGU Appellant v. THE MINISTER OF PUBLIC SAFETY AND, 2011 FCA 225

Federal Court of Appeal Cour d'appel fédérale Federal Court of Appeal Cour d'appel fédérale Date: 20110714 Docket: A-181-11 Citation: 2011 FCA 225 Present: NOËL J.A. BETWEEN: ADRIEN DAMBANA SUNGU Appellant and THE MINISTER OF PUBLIC SAFETY AND EMERGENCY PREPAREDNESS Respondent Dealt with in writing without appearance of parties. Order delivered at Ottawa , Ontario, on July 14, 2011. REASONS FOR ORDER BY: NOËL J.A. Date: 20110714 Docket: A-181-11 Citation: 2011 FCA 225 Present: NOËL J.A. BETWEEN: ADRIEN DAMBANA SUNGU Appellant and THE MINISTER OF PUBLIC SAFETY AND EMERGENCY PREPAREDNESS Respondent

REASONS FOR ORDER NOËL J.A. [ 1 ] The respondent moves to quash the appeal on the basis that it has became moot and that there is no basis upon which this Court should nevertheless exercise its discretion to hear it. The appellant concedes that the appeal is moot but argues that this case is one of a category of cases that recurs frequently and is evasive of review.

As such, the appellant submits that this Court shall exercise its discretion to hear it. [ 2 ] After having considered the motion’s material, I have concluded that the question whether this appeal should be heard despite its mootness should be addressed by the panel scheduled to hear the appeal which will have the benefit of the parties’ respective submissions on the substantive issue. [ 3 ] An order is issued accordingly. “Marc Noël” J.A.

FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: A-181-11 STYLE OF CAUSE: ADRIEN DAMBANA SUNGU and THE MINISTER OF PUBLIC SAFETY AND EMERGENCY PREPAREDNESS MOTION DEALT WITH IN WRITING WITHOUT APPEARANCE OF PARTIES REASONS FOR ORDER BY: NOËL J.A. DATED: July 14, 2011 WRITTEN REPRESENTATIONS BY :

Aviva Basman FOR THE APPELLANT Sharon Stewart Guthrie FOR THE RESPONDENT SOLICITORS OF RECORD : Refugee Law office Toronto, Ontario FOR THE APPELLANT Myles J. Kirvan Deputy Attorney General of Canada FOR THE RESPONDENT