DR. GÁBOR LUKÁCS Appellant v. MINISTER OF CITIZENSHIP AND IMMIGRATION and, 2021 FCA 233

Date: 20211130 Docket: A-47-21 Citation: 2021 FCA 233 CORAM: GAUTHIER J.A. DE MONTIGNY J.A. LEBLANC J.A. BETWEEN: DR. GÁBOR LUKÁCS Appellant and MINISTER OF CITIZENSHIP AND IMMIGRATION and ATTILA KISS AND ANDREA KISS and LÁSZLÓ SZÉP-SZÖGI, JUDIT SZÉP-SZÖGI, LAURA SZÉP-SZÖGI, LÉNA SZÉP-SZÖGI Respondents Heard by online video conference hosted by the Registry on November 30, 2021. Judgment delivered from the Bench at Ottawa, Ontario, on November 30, 2021. REASONS FOR JUDGMENT OF THE COURT BY: GAUTHIER J.A. Date: 20211130 Docket: A-47-21 Citation: 2021 FCA 233 CORAM: GAUTHIER J.A. DE MONTIGNY J.A. LEBLANC J.A.

BETWEEN: DR. GÁBOR LUKÁCS Appellant and MINISTER OF CITIZENSHIP AND IMMIGRATION and ATTILA KISS AND ANDREA KISS and LÁSZLÓ SZÉP-SZÖGI, JUDIT SZÉP-SZÖGI, LAURA SZÉP-SZÖGI, LÉNA SZÉP-SZÖGI Respondents REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Ottawa, Ontario, on November 30, 2021). GAUTHIER J.A. [ 1 ] Dr. Lukács appeals an interim Order of the Federal Court dated February 6, 2021. This Order was issued further to an urgent request

for relief made over the weekend by the Minister of Citizenship and Immigration (the “Minister”) following his inadvertent disclosure ofsensitive information (redactions made with improper technology) in the supplemental certified tribunal record filed on February 5, 2021in the context of two applications for judicial review by the respondents (other than the Minister) (the “applicants”) of decisions made byCanada Border Services Agency Liaison Officers. [2] Dr. Lukács is not a party to these applications for judicial review. Dr.

Lukács is a Canadian air passenger rights advocate who is not asolicitor, and he does not represent the applicants in the two files at issue (IMM-2967-19 AND IMM-5570-19). During the leave stage ofthese applications, Dr. Lukács provided the applicants with pro bono assistance.

The applicants’ counsel, whom they retained after leavewas granted, forwarded to him the supplemental certified tribunal record filed on February 5, 2021. [3] In its February 6, 2021 Order, the Federal Court ordered that the applicants’ counsel maintain the disputed information (for which theMinister is claiming national security privilege pursuant to

section 87 of the Immigration and Refugee Protection Act, S.C. 2001, c. 27)in a separate, secure folder pending further instructions from the Court. The Court also ordered that any third party (such as Dr. Lukács)in receipt of the disputed information destroy it and that the applicant’s counsel confirm this destruction with the Court. Thereafter, theMinister filed a corrected version of the supplemental certified tribunal record. Dr. Lukács claims to be an interested party because ofparagraph 2 of the Federal Court Order directed to any third party in receipt of the disputed information.

The Minister did not contest hisright to file a Notice of Appeal. [4] Since the interim Order was issued, it has been confirmed that Dr. Lukács and his father destroyed the information received from theapplicants’ counsel. Furthermore, upon a formal motion made by the Minister pursuant to Rule 369 of the Federal Courts Rules,S.O.R./98-106, the Federal Court issued a further Order dated March 22, 2021 dealing with the injunctive relief sought (Kiss v. Canada(Citizenship and Immigration), 2021 FC 248). This now supersedes the interim Order.

In its said Order, among other things, the FederalCourt acknowledged that both the appellant and counsel for the applicants confirmed their compliance with the interim Order. TheMarch 22, 2021 Order expressly addressed how third parties should treat the information at issue. It is currently the subject of anotherappeal (Court File A-91-21). [5] We are of the view that the present appeal is moot and we have not been persuaded that this is a case where we should exercise ourdiscretion to deal with the issues raised despite its mootness (Borowski v.

Canada (Attorney General), (SCC), [1989] 1S.C.R. 342, 57 D.L.R. (4th) 231). Indeed, most issues raised in the appellant’s memorandum of fact and law can be addressed in the otherappeal (Court file A-91-21). We are also of the view that, on the very particular circumstances of this matter, it is not the proper case toaddress the wide jurisdictional or procedural issues raised by the appellant with respect to this interim Order. [6] In these circumstances, the appeal will be dismissed without costs. "Johanne Gauthier" J.A.

FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD APPEAL FROM AN ORDER OF THE HONOURABLE MR. JUSTICE FOTHERGILL DATED FEBRUARY 6, 2021,DOCKETS NO. IMM-2967-19 AND IMM-5570-19 DOCKET: A-47-21 STYLE OF CAUSE: DR. GÁBOR LUKÁCS v. MINISTER OF CITIZENSHIPAND IMMIGRATION AND, ATTILA KISS AND ANDREAKISS AND, LÁSZLÓ SZÉP-SZÖGI, JUDIT SZÉP-SZÖGI,,LAURA SZÉP-SZÖGI, LÉNA SZÉP-SZÖGI PLACE OF HEARING: Ottawa, Ontario DATE OF HEARING: November 30,2021 REASONS FOR JUDGMENT OF THE COURT BY: GAUTHIER J.A. DE MONTIGNYJ.A. LEBLANC J.A.

DELIVERED FROM THE BENCH BY: GAUTHIER J.A. APPEARANCES : Dr. Gábor Lukács For The Appellant ON HIS OWN BEHALF Patricia MacPhee For The Respondent MINISTER OF CITIZENSHIP AND IMMIGRATION Benjamin Perryman For The Respondents ATTILA KISS AND ANDREA KISS AND LÁSZLÓ SZÉP-SZÖGI, JUDIT SZÉP-SZÖGI, LAURA SZÉP-SZÖGI, LÉNA SZÉP-SZÖGI SOLICITORS OF RECORD : A. François Daigle Deputy Attorney General of Canada Ottawa, Ontario For The Respondent MINISTER OF CITIZENSHIP AND IMMIGRATION Benjamin Perryman Halifax NS For The Respondents ATTILA KISS AND ANDREA KISS AND LÁSZLÓ SZÉP-SZÖGI, JUDIT SZÉP-SZÖGI, LAURA SZÉP-SZÖGI, LÉNA SZÉP-SZÖGI