Ayala-Barriere v. Canada ( Minister of Citizenship and Immigration )
IMM-5143-94
Wetston J.
2/10/95
6 pp.
Costs-Refugee claim-Senior Immigration Officer rejected refugee claims after mistakenly concluding applicants Convention refugees recognized as such by Guatemala and could safely return there-Official and Minister recognized error but advised applicants problem could not be rectified as no mechanism to reopen decision-Applicants brought applications for leave to commence judicial review and applications for extension of time-Minister opposed applications and tried to remove applicants from Canada prior to leave applications being determined-Applications granted-Special reasons to award costs pursuant to Federal Court Immigration Rules: Bell v. Minister of Employment and Immigration (1994), 82 F.T.R. 276 (F.C.T.D.); Minister of Employment and Immigration v. Ermeyev et al. (1994), 83 F.T.R. 158 (F.C.T.D.); Nicolae v. Canada (Secretary of State) (1995), 90 F.T.R. 280 (F.C.T.D.); Friends of the Island Inc. v. Canada (Minister of Public Works) et al. (1995), 89 F.T.R. 220 (F.C.T.D.)-Applicants' case not frivolous or without merit-Costs awarded on party-and-party basis with respect to application for leave and for judicial review as well as proceedings regarding stay of removal order-Federal Court Immigration Rules, SOR/89-26.