Ndikumana v. Canada (Minister of Citizenship and Immigration)
Court headnote
Ndikumana v. Canada (Minister of Citizenship and Immigration) Court (s) Database Federal Court Decisions Date 2003-02-06 Neutral citation 2003 FCT 130 File numbers T-1660-02 Decision Content Date: 20030206 Docket: T-1660-02 Neutral Citation: 2003 FCT 130 Montréal, Quebec, February 6, 2003 Present: Mr. Richard Morneau, Prothonotary BETWEEN: STÉPHANIE NDIKUMANA Applicant and THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent Motion by the respondent for an order removing exhibits 3, 4, 5, 9, 10 (as to the photos), 11, 12, 13, 15 and 17 in the applicant's affidavit dated November 11, 2002, and the affidavits of Nicolas Stein and Éric Stein, as well as all exhibits attached to these affidavits. [Rule 369(1) of the Federal Court Rules, 1998] REASONS FOR ORDER AND ORDER [1] In view of the fact that the application for judicial review of the decision dated August 1, 2002, by Citizenship Judge George Springate shall be heard on the basis of the record compiled by the citizenship judge when he delivered the disputed decision dismissing the application for citizenship filed by the applicant; [2] In view of the fact that it appears that, through her affidavit, the applicant is attempting to introduce into the Federal Court of Canada case some evidence that was not at the disposal of the citizenship judge when he delivered his decision; [3] Similarly, through the filing of the affidavits of Nicolas Stein and Éric Stein, it appears that the applicant is seeking to have admitted the wr…
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Ndikumana v. Canada (Minister of Citizenship and Immigration) Court (s) Database Federal Court Decisions Date 2003-02-06 Neutral citation 2003 FCT 130 File numbers T-1660-02 Decision Content Date: 20030206 Docket: T-1660-02 Neutral Citation: 2003 FCT 130 Montréal, Quebec, February 6, 2003 Present: Mr. Richard Morneau, Prothonotary BETWEEN: STÉPHANIE NDIKUMANA Applicant and THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent Motion by the respondent for an order removing exhibits 3, 4, 5, 9, 10 (as to the photos), 11, 12, 13, 15 and 17 in the applicant's affidavit dated November 11, 2002, and the affidavits of Nicolas Stein and Éric Stein, as well as all exhibits attached to these affidavits. [Rule 369(1) of the Federal Court Rules, 1998] REASONS FOR ORDER AND ORDER [1] In view of the fact that the application for judicial review of the decision dated August 1, 2002, by Citizenship Judge George Springate shall be heard on the basis of the record compiled by the citizenship judge when he delivered the disputed decision dismissing the application for citizenship filed by the applicant; [2] In view of the fact that it appears that, through her affidavit, the applicant is attempting to introduce into the Federal Court of Canada case some evidence that was not at the disposal of the citizenship judge when he delivered his decision; [3] Similarly, through the filing of the affidavits of Nicolas Stein and Éric Stein, it appears that the applicant is seeking to have admitted the written testimony of two persons who were not heard by the citizenship judge before delivering the disputed decision; [4] It is therefore necessary to conclude that this evidence of the applicant is inadmissible, and it should be removed from Federal Court file bearing number T-1660-02 for the purposes of the application for judicial review. [5] Accordingly, the respondent's motion is allowed, without costs, and exhibits 3, 4, 5, 9, 10 (as to the photos), 11, 12, 13, 15 and 17 in the applicant's affidavit dated November 11, 2002, and the affidavits of Nicolas Stein and Éric Stein dated November 11, 2002, shall be struck from the Court file and removed. "Richard Morneau" Prothonotary Certified true translation Suzanne M. Gauthier, C. Tr., LL.L. FEDERAL COURT OF CANADA TRIAL DIVISION Date: 20030206 Docket: T-1660-02 Between: STÉPHANIE NDIKUMANA Applicant and THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent REASONS FOR ORDER AND ORDER FEDERAL COURT OF CANADA TRIAL DIVISION NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET NO: T-1660-02 STYLE: STÉPHANIE NDIKUMANA and THE MINISTER OF CITIZENSHIP AND IMMIGRATION WRITTEN MOTION EXAMINED IN MONTRÉAL WITHOUT APPEARANCE OF THE PARTIES REASONS FOR ORDER OF MR. RICHARD MORNEAU, PROTHONOTARY DATED: February 6, 2003 WRITTEN REPRESENTATIONS: Jean-François Bertrand for the applicant Martine Valois for the respondent SOLICITORS OF RECORD: Bertrand, Deslauriers for the applicant Montréal, Quebec Morris Rosenberg for the respondent Deputy Attorney General of Canada
Source: decisions.fct-cf.gc.ca