Boros v. Canada (Minister of Citizenship and Immigration)
Court headnote
Boros v. Canada (Minister of Citizenship and Immigration) Court (s) Database Federal Court Decisions Date 2001-07-26 Neutral citation 2001 FCT 835 File numbers IMM-3915-00 Decision Content Date: 20010726 Docket: IMM-3915-00 Neutral citation: 2001 FCT 835 Toronto, Ontario, Thursday, the 26th day of July, 2001 PRESENT: The Honourable Mr. Justice Lemieux BETWEEN: ANDRAS ERNO BOROS, ANDRASNE BOROS, KRISZTIAN BALOGH, DOLOREZS BOROS, ANDRAS BOROS, LIVIA BOROS and PETERNE ROZSA Applicants - and - THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent REASONS FOR ORDER AND ORDER [1] I agree with counsel for the Respondent that counsel for the Applicants argued a substantially different case than that identified in their memorandum of fact and law. [2] In oral argument, counsel for the Applicants challenged the credibility findings made by the Tribunal something not done in their memorandum. This new tact fundamentally impacted the Respondent's case leaving counsel without any meaningful opportunity to address the Applicants new case which relied heavily on transcript references. ORDER This Judicial Review application is adjourned to a date to be fixed by the Judicial Administrator. IT IS HEREBY ORDERED THAT: 1. The Applicants shall serve and file a further memorandum of argument on or before August 7, 2001. 2. The Respondent shall serve and file a further memorandum of argument on or before August 17, 2001. "François Lemieux" J.F.C.C. Toronto, Ontario July 26, 2001 FEDERAL COURT OF C…
Read full judgment
Boros v. Canada (Minister of Citizenship and Immigration) Court (s) Database Federal Court Decisions Date 2001-07-26 Neutral citation 2001 FCT 835 File numbers IMM-3915-00 Decision Content Date: 20010726 Docket: IMM-3915-00 Neutral citation: 2001 FCT 835 Toronto, Ontario, Thursday, the 26th day of July, 2001 PRESENT: The Honourable Mr. Justice Lemieux BETWEEN: ANDRAS ERNO BOROS, ANDRASNE BOROS, KRISZTIAN BALOGH, DOLOREZS BOROS, ANDRAS BOROS, LIVIA BOROS and PETERNE ROZSA Applicants - and - THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent REASONS FOR ORDER AND ORDER [1] I agree with counsel for the Respondent that counsel for the Applicants argued a substantially different case than that identified in their memorandum of fact and law. [2] In oral argument, counsel for the Applicants challenged the credibility findings made by the Tribunal something not done in their memorandum. This new tact fundamentally impacted the Respondent's case leaving counsel without any meaningful opportunity to address the Applicants new case which relied heavily on transcript references. ORDER This Judicial Review application is adjourned to a date to be fixed by the Judicial Administrator. IT IS HEREBY ORDERED THAT: 1. The Applicants shall serve and file a further memorandum of argument on or before August 7, 2001. 2. The Respondent shall serve and file a further memorandum of argument on or before August 17, 2001. "François Lemieux" J.F.C.C. Toronto, Ontario July 26, 2001 FEDERAL COURT OF CANADA Names of Counsel and Solicitors of Record COURT NO: IMM-3915-00 STYLE OF CAUSE: ANDRAS ERNO BOROS, ANDRASNE BOROS, KRISZTIAN BALOGH, DOLOREZS BOROS, ANDRAS BOROS, LIVIA BOROS and PETERNE ROZSA Applicants - and - THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent DATE OF HEARING: WEDNESDAY, JULY 25, 2001 PLACE OF HEARING: TORONTO, ONTARIO REASONS FOR ORDER AND ORDERBY: LEMIEUX J. DATED: THURSDAY, JULY 26, 2001 APPEARANCES: Mr. Rocco Galati For the Applicants Mr. Kevin Lunney For the Respondent SOLICITORS OF RECORD: Galati, Rodrigues & Associates Barristers & Solicitors 203-637 College St. Toronto, Ontario M6G 1B5 For the Applicants Morris Rosenberg Deputy Attorney General of Canada For the Respondent FEDERAL COURT OF CANADA Date: 20010726 Docket: IMM-3915-00 Between: ANDRAS ERNO BOROS, ANDRASNE BOROS, KRISZTIAN BALOGH, DOLOREZS BOROS, ANDRAS BOROS, LIVIA BOROS and PETERNE ROZSA Applicants - and - THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent REASONS FOR ORDER AND ORDER
Source: decisions.fct-cf.gc.ca