Zaghbib v. Canada (Minister of Citizenship and Immigration), 2015 FC 97

• Judge: Manson, J.
• Court: Federal Court (Canada)
• Case Date: January 16, 2015
• Jurisdiction: Canada (Federal)
• Citations: 2015 FC 97;(2015), 474 F.T.R. 25 (FC)

Zaghbib v. Can. (M.C.I.) (2015), 474 F.T.R. 25 (FC)

MLB headnote and full text

Temp. Cite: [2015] F.T.R. TBEd. FE.005

Tarek Zaghbib (applicant) v. The Minister of Citizenship and Immigration (respondent)

(IMM-7972-13; 2015 FC 97)

Indexed As: Zaghbib v. Canada (Minister of Citizenship and Immigration)

Federal Court

Manson, J.

January 16, 2015.

Summary:

Zaghbib, a citizen of Canada, alleged that his estranged wife, a citizen of Morocco, fraudulently entered into a marriage with him for immigration purposes. He applied for judicial review and mandamus directing the Canada Border Services Agency or the Minister of Public Safety and Emergency Preparedness to commence an investigation into the wife's admissibility.

The Federal Court dismissed the application and certified the following question: "Can a writ of mandamus be issued to compel the Minister of Public Safety and Emergency Preparedness or the Canada Border Services Agency to investigate a complaint of marriage fraud made by a private citizen?"

Administrative Law - Topic 2158

Natural justice - Administrative decisions or findings - Delay - [See Aliens - Topic 4066 ].

Administrative Law - Topic 3203

Judicial review - General - Matters not subject to review - [See Aliens - Topic 4066 ].

Administrative Law - Topic 3503

Judicial review - Mandamus - General - When available - [See Aliens - Topic 4066 ].

Administrative Law - Topic 3553

Judicial review - Mandamus - Conditions precedent - Existence of a duty - [See Aliens - Topic 4066 ].

Aliens - Topic 4066

Practice - Judicial review and appeals - When available - Zaghbib, a citizen of Canada, alleged that his estranged wife, a citizen of Morocco, fraudulently entered into a marriage with him for immigration purposes - He applied for judicial review and mandamus requiring the Canada Border Services Agency (CBSA) or the Minister of Public Safety and Emergency Preparedness to commence an investigation into the wife's admissibility under the Immigration and Refugee Protection Act (IRPA) - The Federal Court dismissed the application - There was no basis for a judicial review application under s. 72(1) of the IRPA - The question of whether and how to investigate Zaghbib's complaint was not a decision, determination, order, measure or question arising from the IRPA - Further, Zaghbib did not fulfill the preconditions necessary for an order of mandamus - There was no breach of any public duty - The CBSA was not under a duty to act in any particular files involving it - Nor was Zaghbib owed any duty of investigation by the CBSA in the time frame he experienced - Low priority immigration matters were subject to delay due to the significant volume of applications - The delay experienced by Zaghbib (December 2011 to the present) was not unreasonable - Finally, the order sought would be of no practical effect since the wife appeared to have returned to Morocco.

Aliens - Topic 4066.1

Practice - Judicial review and appeals - Bars - [See Aliens - Topic 4066 ].

Courts - Topic 4044

Federal Court of Canada - Jurisdiction - Federal Court - Immigration and citizenship - [See Aliens - Topic 4066 ].

Cases Noticed:

New Brunswick (Board of Management) v. Dunsmuir (2008), 372 N.R. 1; 329 N.B.R.(2d) 1; 844 A.P.R. 1; 2008 SCC 9, refd to. [para. 16].

Dragan v. Canada (Minister of Citizenship and Immigration) (2003), 227 F.T.R. 272; 2003 FCT 211, refd to. [para. 20].

Alaa v. Canada (Ministère de la sécurité publique et de la protection civile) - see Jarada v. Canada (Minister of Public Safety and Emergency Preparedness) et al.

Jarada v. Canada (Minister of Public Safety and Emergency Preparedness) et al., [2006] F.T.R. Uned. 623; 2006 FC 14, refd to. [para. 23].

1099065 Ontario Inc. v. Canada (Minister of Public Safety and Emergency Preparedness) (2008), 375 N.R. 368; 2008 FCA 47, refd to. [para. 23].

Finlay v. Canada, [1986] 2 S.C.R. 607; 71 N.R. 338, refd to. [para. 29].

Conille v. Canada (Ministre de la Citoyenneté et de l'Immigration), [1999] 2 F.C. 33; 159 F.T.R. 215 (T.D.), refd to. [para. 29].

Counsel:

[None disclosed].

Solicitors of Record:

[None disclosed].

This application for judicial review was heard before Manson, J., of the Federal Court, who delivered the following judgment at Ottawa, Ontario, on January 16, 2015.