Date:
20120918
Docket:
T-478-12
Citation: 2012 FC 1088
Toronto, Ontario, September 18, 2012
PRESENT: The Honourable Mr. Justice Near
BETWEEN:
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MAJOR KEYVAN NOURHAGHIGHI AND
FARZAD NOUR HAGHIGHI
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Applicants
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and
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THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
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Respondent
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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”
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:
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Major Keyvan
Nourhaghighi
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FOR THE APPLICANTS
(ON HIS OWN BEHALF)
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John Loncar
Helen A. Daley
Sean L. Gosnell
Darrell Kloeze
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FOR THE RESPONDENT
(Minister of Citizenship and Immigration)
FOR THE RESPONDENT
FOR THE RESPONDENT
FOR THE RESPONDENT
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SOLICITORS OF RECORD:
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N/A
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FOR THE APPLICANTS
(ON HIS OWN BEHALF)
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Myles J. Kirvan
Deputy Attorney General of Canada
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FOR THE RESPONDENT (Minister of Citizenship and Immigration)
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