Federal Court Decisions

Decision Information

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

 You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.