CITIZENSHIP AND IMMIGRATION |
Immigration Practice |
Teng v. Canada (Minister of Citizenship and Immigration)
IMM-6338-99
2001 FCT 155, Gibson J.
9/3/01
15 pp.
Application for judicial review of visa officer's decision at Canadian Embassy in Beijing denying applicant Yu Qiu Teng's application for Canada visitor visa--Applicant Darcy Lambert Canadian national, resident--Father of three children, separated from mother since 1993, divorced since spring of 1999--Applicant Teng, also divorced, having one child--Ms. Teng, minor daughter's family class application for permanent residence approved--Despite conceding application for judicial review moot, counsel for applicants urged application should nonetheless be heard, determined by Court--Three "established principles" referred to by Sopinka J. in Borowski v. Canada (Attorney General), [1989] 1 S.C.R. 342--Applicants no longer having direct interest in outcome of application for judicial review--Despite cessation of live controversy, necessary adversarial relationship would prevail if Court were to hear, determine application for judicial review--First principle met--Second principle, concern for judicial economy, determinative--If Court were to entertain application for judicial review, decision would have no practical effect on rights of parties--Balancing economics of judicial involvement against social cost of continued uncertainty leading Court to conclude economics of judicial involvement outweighs social cost involved--Appropriate measure of awareness of Court's proper law-making function requiring issues before Court be determined in context of live controversy--Under present resourcing arrangements, resources of Court at Trial Division level spread thin--High priority must be given to directing resources to matters where remains live controversy--Application dismissed as moot.