Canada ( Minister of Employment and Immigration ) v. Ermeyev
IMM-2417-93
Strayer J.
14/7/94
4 pp.
Mr. Ermeyev entering Canada on visitor's visa-Wife, children arriving later with valid immigration visas for whole family-When realized Mr. Ermeyev not actually accompanying family, immigration officials seizing all visas-Removal orders issued against all-Applicant filing notice of discontinuance with respect to all but Mr. Ermeyev-Respondents consenting to order quashing Immigration and Refugee Board decision allowing appeal against removal order-Order herein implementing consent, granting costs of motion against applicant-Immigration Rule 22 providing no costs shall be awarded unless Court for special reasons so orders-Special reasons herein for granting costs-Respondents incurring much unnecessary trouble, expense by way Minister's officials dealing with them and in manner in which litigation conducted on behalf of Minister-At worst respondents committing technical error as Mr. Ermeyev not joining family somewhere outside of Canada, returning pursuant to valid immigration visas previously obtained in proper manner-Once mistake discovered, immigration officials could easily have found relatively simple solution i.e. departure of whole family temporarily to United States from whence could return together-Instead whole family subjected to removal hearings, appeals to the Immigration Appeal Division, application to Court-Incredible some simple discretionary action not taken during four years since wife's, children's arrival with valid immigration visas for whole family, to legitimate landing of whole family-Even this application could have been settled months ago as it was ultimately settled on eve of hearing-Federal Court Immigration Rules, 1993, SOR/93-22, R. 22.