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
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