Strizhko v. Canada ( Minister of Citizenship and Immigration )
IMM-3383-98
Dubé J.
20/7/98
6 pp.
Application under Federal Court Act, s. 18.2 for interim order requiring respondent to permit applicants' two sons, Ilya and Sergei Gubinsky, to join them in Canada until final disposition of application-Main ground for application Ilya Gubinsky ordered to report for conscription into Russian Army, immigrant visa forfeited unless entering Canada before entering Russian Army-Immigration official refusing to authorize Minister's permit-Applicants worried eldest son may face physical, mental abuse if inducted into Russian army-Respondent's argument Court not having jurisdiction to grant instant motion valid-Instant motion attack on official's decision refusing to authorize permit-Not patently unreasonable for Minister to refuse permit to applicant seeking to evade military service in own country-To decide otherwise would send open invitation to millions of young men to apply for such permit-Court not empowered to disregard Minister's discretion without benefit of judicial review of decision and to order him to issue forthwith temporary permit to allow conscript to evade military service-Question certified: May Trial Division under Federal Court Act, s. 18.2 make interim order compelling Minister to grant temporary permit to allow son to join immigrant parents in Canada and to enable him to evade military service in country where Minister already refused to issue such permit?-Federal Court Act, R.S.C., 1985, c. F-7, s. 18.2 (as enacted by S.C. 1990, c. 8, s. 5).