IMM-1253-97
B E T W E E N:
CHRISTINE ANNI HEUER
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER AND ORDER
GILES, A.S.P.:
The file in which the motion before me was filed, seeks review of a proceeding in which a departure notice was issued to the applicant. The motion before me seeks to add an affidavit to the Applicant's Record. The motion was filed less than 30 days after the application for leave and for judicial review was filed, and I would have been inclined to allow the Applicant's Record to be amended to add the affidavit and exhibited material should it have been relevant.
The affidavit exhibits:
1) a decree absolute in divorce proceedings, whereby the applicant obtained a divorce and an order for support and maintenance;
2) an affidavit apparently filed in support of a motion to vary the support and maintenance provision of the decree absolute; and
| 3) a judgment varying the decree absolute by deleting the paragraph providing the support of the applicant herein. |
The purpose of filing this material is apparently to seek a reversal of the judgment mentioned in 3 above. The affidavit and exhibited material and the purpose for which the affidavit appears have been created are irrelevant for the proposed judicial review of the decision to issue a departure notice. The motion must therefore be dismissed.
ORDER
Motion dismissed.
"Peter A.K. Giles"
A.S.P.
Toronto, Ontario
May 9, 1997
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
COURT NO: IMM-1253-97
STYLE OF CAUSE: CHRISTINE ANNI HEUER
- and -
| THE MINISTER OF CITIZENSHIP |
AND IMMIGRATION
CONSIDERED AT TORONTO, ONTARIO UNDER THE PROVISION OF RULE 324.
REASONS FOR ORDER
AND ORDER BY: GILES, A.S.P.
DATED: MAY 9, 1997
SOLICITORS OF RECORD:
Ms. Christine Heuer
244 Church Street
Toronto, Ontario
M5B 1Z3
For the Applicant
George Thomson
Deputy Attorney General
of Canada
For the Respondent
FEDERAL COURT OF CANADA
Court No. IMM-1253-97
Between:
CHRISTINE ANNI HEUER
Applicants
- and -
| THE MINISTER OF CITIZENSHIP |
AND IMMIGRATION
Respondent
REASONS FOR ORDER & ORDER