Date: 19990422
Docket: IMM-5727-98
BETWEEN:
BOJAN POPIC
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER AND ORDER
GILES, A.S.P.
[1] The motion before me seeks leave to file a second of affidavit late. The Crown has opposed the filing on the grounds that the evidence hoped to be introduced by the affidavit was not before the Tribunal. The judicial review procedure is designed to test the fairness of an hearing by a Tribunal. While it may challenged a patently improper proceeding or a proceeding outside the jurisdiction of the Tribunal, it is not an appeal a and a fortiori. It is not a trial de novo, therefore, evidence not before the Tribunal which made the impugned decision should not be considered on judicial review. The affidavit here sought to be filed exhibits a document which did not exist and, therefore, was not before the impugned Tribunal.
| [2] The motion is therefore dismissed. |
"Peter A.K. Giles"
A.S.P.
Toronto, Ontario
April 22, 1999
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
COURT NO: IMM-5727-98
| STYLE OF CAUSE: BOJAN POPIC |
Applicant
- and -
| THE MINISTER OF CITIZENSHIP AND IMMIGRATION |
Respondent
REASONS FOR ORDER AND ORDER BY: GILES, A.S.P.
CONSIDERED PURSUANT TO RULE 380 AT TORONTO, ONTARIO
DATED: THURSDAY, APRIL 22, 1999
APPEARANCES: Mr. Cecil L. Rotenberg Q.C.
| For the Applicant |
| Mr. Stephen H. Gold |
For the Respondent
SOLICITORS OF RECORD: Cecil L. Rotenberg Q.C.
| Barristers & Solicitors |
| 255 Duncan Mill Road |
| Suite 808 |
| Don Mills, Ontario |
| M3B 3H9 |
For the Applicant
| Morris Rosenberg |
| Deputy Attorney General |
| For the Respondent |
FEDERAL COURT OF CANADA
Date: 19990422
Docket: IMM-5727-98
Between:
| BOJAN POPIC |
Applicant
- and -
| THE MINISTER OF CITIZENSHIP AND IMMIGRATION |
Respondent
REASONS FOR ORDER
| AND ORDER |