 
 Immigration and  
Refugee Board  
Immigration Appeal Division  
 Commission de l ’immigration  
et du statut de réfugié  
Section d’appel de l’immigration  
 
IAD File No. / No de dossier de la SAI  : MB0 -07223  
MB0 -07425 MB0 -07426  
Client ID No.  / No ID client  : 4540 -6643  
5337 -0560 5337 -0561  
 
Reasons and Decision   Motifs et décision  
Removal Order Appeal  
 
 
Appellant(s)   Appelant(s)   
Carine RIZCALLAH  
Fady CHARBEL  
XXXXXXXXXXXXX  
Respondent   Intimé  
The Minister of Public Safety and Emergency Preparedness  
Ministre de la Sécurité publique et de la Protection civile  
 Date(s) of Hearing   Date(s) de l ’audience  
April  25, 2013  
Place of Hearing   XXXXXXXXXXXXXXXXXXX  
Montréal, Que bec  
Date of Decision   Date de la décision  
April  25, 2013  
Reasons signed : July  16, 201 3 
Panel   Tribunal  
Me XXXXXXXXXXXXX  
Appellant ’s Counsel   Conseil de l’appelantXXXXXXXXXXXXXXXXXXXX  
Minister ’s Counsel   Conseil de l’intimé  
Chantal  Sarrazin  
2013 CanLII 101142 (CA IRB)
IAD File No. / No de dossier de la SAI  : MB0 -07223  
MB0 -07425 MB0 -07426  
Client ID No.  / No ID client  : 4540 -6643  
5337-0560 5337 -0561  
2 
 
 
 
 Oral Reasons for Decision  
 
[1] I will conclude that this case has been abandoned.  There are people absent; the re has been no 
application for postponement.  However, I will dismiss an application for postponement because the 
reasons they are not here are very vague; you mentioned that they were out of the country, in 
Lebanon.  However, the fact that someone in the fa mily is ill is very vague.  Nothing has been 
submitted in that regard.  And, in fact, they could have testified by telephone or at least be en available 
for us to reach them this afternoon , even  if they were to explain the exact reasons why they could not 
pro ceed today.   
[2] I am also concerned because no evidence has been submitted in the case to say that they want 
to challenge  in law.  I do not understand how no evidence has been submitted  for two and a half  years 
now since the appeal was filed.  So, certainly, th ey had evidence in their possession and were able to 
file it, but they did not do so.  You state that they are still interested in pursuing their appeal, but their 
actions do not correspond to  what you are telling me today.  Furthermore, they have provided XXXX with 
no evidence to help you support your application.  It is quite limited in terms of arguments to apply for 
a postponement.   
[3] They are out of the country, they have permanent resident cards, so I do not understand why  
they did not return  or did not try  to return within the required time  frames . The notice of appeal was 
sent to an address on 1st Street.  You tell me that it is the address of a family property.  So, it seems that 
it was received because nothing was returned to us; they were aware.  
CONCLUSIO N  
[4] In conclusion,  I am not satisfied that the evidence that you have presented to us is sufficient to 
warrant  a postponement.  Under the circumstances, I conclude that the case has been abandoned.  
 
 
 
2013 CanLII 101142 (CA IRB)
IAD File No. / No de dossier de la SAI  : MB0 -07223  
MB0 -07425 MB0 -07426  
Client ID No.  / No ID client  : 4540 -6643  
5337-0560 5337 -0561  
3 
 
 
 
  
NOTICE OF DECISION  
 
The application by the appellants’ c ounsel dated April  25,  2013 , to adjourn the hearing is dismissed . 
The appeal is determined to be abandoned  under subsection  168(1) of the Immigration and Refugee 
Protection Act  because the appellant s failed to appear  at the hearing as required without reas onable 
justification . 
 
 XXXXXXXXXXXXX  
 Me XXXXXXXXXXXXX  
 16-07-2013  
 Date  
 
 
IRB translation  
Original language: French  
 
 NOTE  – Judicial review  – Under section  72 of the Immigration and Refugee Protection Act , you may make an application 
to the Federal Court for judicial review of this decision, with leave of that Court.  You  may wish to get advice from counsel 
as soon as possible, since there are time limits for this application . 
 
2013 CanLII 101142 (CA IRB)

