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CourtFi1eNo.IMM-%__-15
FEDERAL COURT

MANICKAVASAGAM SURESH

App1icani.

-and

OCT

V
EDNESS
PAR
PRE
NCY
RGE
EME
&
ETY
SAF
MINISTER OF PUBLIC
L

Respdident

ICIAL REVIEW
-NG1--APPLICATION FOR LEAVE AND JUD

TO THE RESPONDENT:
CE AN APPLICATION FOR
AN APPLICATION FOR LEAVE TO COMMEN
IMMIGRATION AND REFUGEE
JUDICIAL REVIEW UNDER S. 72(1) OF THE
ant.
PROTECTION ACT has been commenced by the Applic
APPLICATION FOR LEAVE will
UNLESS A JUDGE OTHERWISE DIRECTS, THIS
n
the parties, in accordance with subsectio
be disposed of without personal appearance by
n Act.
72(2)(d) of the Immigration and Refugee Protectio
TION FOR LEAVE, you or a solicitor
IF YOU WISH TO OPPOSE THIS APPLICA
you must immediately prepare a Notice of
authorized to practice in Canada and acting for
n
ral Court Immigration and Refugee Protectio
Appearance in Form IR-2 prescribed by the Fede
not have
licants solicitor, or where the Applicant does
Rules, serve it on the tribunal and the App
within
ry,
Regist
the
it, with proof after service, at
a solicitor, serve it on the Applicant, and file
10 days of service of this application for leave.
for
nevertheless dispose of this application
may
Court
the
SO,
DO
TO
FAIL
YOU
IF
without further
equent application for judicial review
leave and, if leave is granted, the subs
notice to you.
the Court
Court, information on the local office of
of
Rules
ant
relev
the
of
ies
Cop
Note:
Federal Court or
be obtained from any local office of the
and other necessary information may
, telephone: (613) 992-4238.
the Registry of the Trial Division in Ottawa

The Applicant seeks leave of the Court to commence an application for judicial review of:
The decision of the Immigration Division of the Immigration and Refugee Board
in which Mr. Suresh was found inadmissible to Canada under ss. 34 and 35 of the
2 Z/QJ
IRPA.ot j 4c -1
The tribunal was composed of MemberM. Heyes of Immigration Division of the
oke,
Immigration and Refugee Board is located at 385 Rexdaie Boulevard, Etobic
.
4-4274
416-74
er:
Ontario, M9W 1R9, Phone Number: 416-401-8578, Fax Numb
ID is
The tribunals file number was 0003-A8-02001 and the Applicants client
2646-9937.
by way of judicial
In the event that leave is granted, the Applicant seeks the following relief
review:
back to be re
That the decision of the Immigration Division be set aside and sent
with such
determined by a differently constituted decision maker in accordance
directions and the Court considers to be appropriate.
l review is to be based on the
In the event that leave is granted, the application for judicia
following grounds:
That the Tribunal:
receiving transcripts
1. Breached its duty of procedural fairness, including by
from a prior proceeding;
fairness in finding the
2. Erred in law and breached its duty of procedural
Applicant to be a compellable witnesses;
fairness in failing to order the
3. Erred in law and breached its duty of procedural
discovery of all relevant evidence;
process, and erred in finding that
4. Erred in law in its apprehension of abuse of
there had not been an abuse of process;
definition of member under s. 34 of
5. Erred in law in its interpretation of the
definition to the Applicants
the IRPA, and erred in its application of that
case;

6. Erred in law in its interpretation of s. 34, and erred in its application of that
interpretation to finding that the Applicant engaged in terrorism;
7. Erred in law in its interpretation of s. 35, and erred in its application of that
interpretation to the finding that the Applicant was complicit in terrorism;
8. Erred in law in its interpretation of ss. 2, 7, and 15 of the Charter and erred in
its findings that ss. 34 and 35 of the IRPA do not violate the Charter; and
9, Such further and other grounds as counsel may advise and this Honourable
Court Permit.
Further, the Applicant will be seeking an order sealing the record.

A c/ ci s

17ju

In the event that leave is granted, the Applicant proposes that the application for judicial

review be heard at Toronto, in the English language.

Dated at T&ronto this 2 day of October, 2015.
c]

Barbara Jackman
Banister and Solicitor
Jackrnan & Associates
Banisters & Solicitors
596 St. Clair Avenue West, Suite 3
Toronto, Ontario
M6C 1A6
416-653-9964
Tel:
Fax: 416-65-106
E-mail: barb@bjackman.com
Solicitor Number: 17463T