Registy No: IMM = -18 FEDERAL COURT BETWEEN: Othman HAMDAN AND: ‘THE MINISTER OF PUBLIC SAFETY AND EMERGENCY PREPAREDNESS Respondent APPLICATION FOR LEAVE and for JUDICIAL REVIEW ‘TO THE RESPONDENT AN APPLICATION FOR LEAVE TO COMMENCE AN APPLICATION FOR JUDICIAL REVIEW LNDER S. 72(1) OF THE IMMIGRATION AND REFUGEE PROTECTION ACT has been commenced by the Applicant. UNLESS A JUDGE OTHERWISE DIRECTS, THIS APPLICATION FOR LEAVE will be disposed of without personal appearance by the parties, in accordance with subsection 72(2)(d) ofthe Immigration and Refugee Protection Act. IF YOU WISH TO OPPOSE THIS APPLICATION FOR LEAVE, you or a solicitor authorized to practice in Canada and acting for you must immediately prepare a Notice of Appearance in Form IR-2 prescribed by the Federal Court Immigration and Refugee Profection Rules, serve it on the Tribunal and the applicant's solicitor or, ‘where the applicant does not have a solicitor, serve it on the applicant, and file it, with proof of service, at the Registry, within 10 days of service of this application for leave. IF YOU FAIL TODO SO, the Court may nevertheless dispose of this application {or leave and, if leave is granted, the subsequent application for judicial review without further notice to you. Note: ‘Copies of te relevant Rules of Cour, nfrmation onthe lal oe ofthe Court and ‘ther neceseaty information may be obtained from ery lca offce ofthe Federal Court ‘or the Regist ofthe Trial Dison in Ottawa, telephone: (613) 992-4236,‘The Applicant seeks leave of the Court to commence an application for judicial review of the decision of the Refugee Protection Division dated 22 October 2018 to allow the Ministers application tc cessate the Respondent's refugee claim and to reject his claim ‘or protection ‘The decision-maker inthis case was Zonia M, Tock of the Refugee Protection Division (hereinafter referred toas "the Tribunal"), ‘The address and telephone number of the Tribunal are as follows: Refugee Protection Division Immigration and Refugee Board 1600 — 300 W Georgia Street ‘Vancouver, BC VSB 6C9 The Tribunat’ file number is: VB7-08770. ‘The aforesaid decision was received by the Applicant on 23 October 2018. In the event that leave is granted, the Applicant seeks the following relief by way of jueical review: a) anorder ofthe court setting aside the decision of the Tribunal; b) an onder that the matter be refetred back to a uitferenlly constituted ‘Tribunal for reconsideration in accordance with such directions as this Honouratle Court deems appropriate; and ©) for such futher and other orders and/or relief as counsel may advise and a this Honourable Court may permit. Inthe event that leave is granted, the application for judicial review is to be based on ‘grounds that the Tribunal 1. acted witout jurisdiction, acted beyond ts jurisdiction or refused to exercise is jurisdiction 2, failed to observe a principle of natural justice, procedural faimmess or other procedure that it was required by law to observe: 3. erred in aw in making its decision, whether or not the error appears on the face of the record; 4. based its decision on an erroneous finding of fact that it made in a perverse or capricious manner or without regard for the material before it5. acted, orfaled to act, by reason of fraud or perjured evidence: 6. acted in any other way that was contrary to law. The Applicant has received written reasons from the Tribunal. In the event that leave is granted, the Applicant proposes that the application for judicial review be heard at Vancouver, British Columbia, in the English language. ALL OF WHICH IS RESPECTFULLY SUBMITTED at the City of Vancouver, in the Province of British Columbia, this 23° day of October 2018 ; Erica Olmstead Solicitor for the Applicant Edelmann & Company #905 - 207 Hastings Street Vancouver, BC VSB 1H7 Tet: (604) 646-4684 Fax: (604) 648-8043 To: Reaistry Federal Court of Canada 3rd Floor, 701 West Georgia Street Vancouver, BC V7Y 1K8 AND TO: The Minister of Citizenship and Immigration ‘fo Department of Justice #900 - 840 Howe Street ‘Vancouver, BC V6Z 289