Heuer v. Canada, docket IMM-1253-97

     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

     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 -

                     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 -

                     AND IMMIGRATION

                         Respondent

                     REASONS FOR ORDER & ORDER