Nourhaghighi v. Canada (Citizenship and Immigration)
Source text
Nourhaghighi v. Canada (Citizenship and Immigration) Court (s) Database Federal Court Decisions Date 2012-09-18 Neutral citation 2012 FC 1088 File numbers T-478-12 Decision Content Date: 20120918 Docket: T-478-12 Citation: 2012 FC 1088 Toronto, Ontario, September 18, 2012 PRESENT: The Honourable Mr. Justice Near BETWEEN: MAJOR KEYVAN NOURHAGHIGHI AND FARZAD NOUR HAGHIGHI Applicants and THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent REASONS FOR ORDER AND ORDER [1] The Respondent in this matter brings a motion to strike the application filed with the Court. [2] I have reviewed the material before the Court and considered the submissions of Counsel for the Respondent and Mr. Nourhaghighi. [3] In my view it is clear that s.72(1) of IRPA applies to the decision in question, namely that of a visa officer considering a temporary visitation visa. As such the proper procedure is to bring an application for leave under section 72 of IRPA. The Applicant, Mr. Nourhaghighi, incorrectly brought an application for judicial review under sections 18.1(1)(a) and 18 (4)(2) of the Federal Courts Act. [4] There is no order as to costs. ORDER THIS COURT ORDERS that the motion to strike the application in its entirety in this matter is granted. “D.G. Near” Judge FEDERAL COURT SOLICITORS OF RECORD DOCKET: T-478-12 STYLE OF CAUSE: MAJOR KEYVAN NOURHAGHIGHI AND FARZAD NOUR HAGHIGHI v THE MINISTER OF CITIZENSHIP AND IMMIGRATION PLACE OF HEARING: Toronto, Ontario DATE OF HEARING: September 17, 2…
Full judgment (source text)
Mirrored from decisions.fct-cf.gc.ca — the linked original is authoritative.
Nourhaghighi v. Canada (Citizenship and Immigration) Court (s) Database Federal Court Decisions Date 2012-09-18 Neutral citation 2012 FC 1088 File numbers T-478-12 Decision Content Date: 20120918 Docket: T-478-12 Citation: 2012 FC 1088 Toronto, Ontario, September 18, 2012 PRESENT: The Honourable Mr. Justice Near BETWEEN: MAJOR KEYVAN NOURHAGHIGHI AND FARZAD NOUR HAGHIGHI Applicants and THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent REASONS FOR ORDER AND ORDER [1] The Respondent in this matter brings a motion to strike the application filed with the Court. [2] I have reviewed the material before the Court and considered the submissions of Counsel for the Respondent and Mr. Nourhaghighi. [3] In my view it is clear that s.72(1) of IRPA applies to the decision in question, namely that of a visa officer considering a temporary visitation visa. As such the proper procedure is to bring an application for leave under section 72 of IRPA. The Applicant, Mr. Nourhaghighi, incorrectly brought an application for judicial review under sections 18.1(1)(a) and 18 (4)(2) of the Federal Courts Act. [4] There is no order as to costs. ORDER THIS COURT ORDERS that the motion to strike the application in its entirety in this matter is granted. “D.G. Near” Judge FEDERAL COURT SOLICITORS OF RECORD DOCKET: T-478-12 STYLE OF CAUSE: MAJOR KEYVAN NOURHAGHIGHI AND FARZAD NOUR HAGHIGHI v THE MINISTER OF CITIZENSHIP AND IMMIGRATION PLACE OF HEARING: Toronto, Ontario DATE OF HEARING: September 17, 2012 REASONS FOR ORDER AND ORDER BY: NEAR J. DATED: September 18, 2012 APPEARANCES: Major Keyvan Nourhaghighi FOR THE APPLICANTS (ON HIS OWN BEHALF) John Loncar Helen A. Daley Sean L. Gosnell Darrell Kloeze FOR THE RESPONDENT (Minister of Citizenship and Immigration) FOR THE RESPONDENT FOR THE RESPONDENT FOR THE RESPONDENT SOLICITORS OF RECORD: N/A FOR THE APPLICANTS (ON HIS OWN BEHALF) Myles J. Kirvan Deputy Attorney General of Canada FOR THE RESPONDENT (Minister of Citizenship and Immigration)
Source: decisions.fct-cf.gc.ca
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