Saini v. Canada (Citizenship and Immigration)
Manvir Singh Saini
Law Firm / Organization
Nazami & Associates
Minister of Citizenship and Immigration
Law Firm / Organization
Department of Justice Canada
Lawyer(s)

David Knapp

Minister of Public Safety and Emergency Preparedness
Law Firm / Organization
Department of Justice Canada
Lawyer(s)

David Knapp

- Parties: The applicant was Manvir Singh Saini. The respondents were the Minister of Citizenship and Immigration and the Minister of Public Safety and Emergency Preparedness.

- Subject Matter: The Minister of Citizenship and Immigration allegedly refused to allow the applicant his right to counsel and refused to provide the applicant with disclosure relating to an interview conducted by the Canadian Security Intelligence Service on behalf of Immigration, Refugees and Citizenship Canada for a security background check in the context of the applicant’s application for Canadian citizenship. The applicant filed a judicial review application challenging these alleged refusals.

- Ruling: The court ruled in the respondents’ favour, dismissed the judicial review application, and found no serious question of general importance for certification. The court concluded that the applicant failed to establish any exceptional circumstances justifying his premature application for judicial review of a decision that was interlocutory. Given this conclusion, the court found no need to address the parties’ arguments on the application’s merits. The court noted that, absent exceptional circumstances, it should not interfere with ongoing administrative processes until after their completion or until the exhaustion of available and effective remedies. Lastly, the court amended the style of cause to reflect the Minister of Citizenship and Immigration as the proper respondent.

- Date: The hearing was set on May 10, 2023. The court released its decision on Oct. 30, 2023.

- Venue: This was a federal case before the Federal Court.

- Amount: No financial award was specified.

Federal Court
T-858-22
Administrative law
$ 0
Respondent
23 February 2022