Date: 20001130
Docket: IMM-4519-00
BETWEEN:
MACK MESO KABEYA
Applicant
- and -
MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER AND ORDER
BLAIS J.
[1] This is a motion for leave to file a new document to be introduced as evidence.
[2] The applicant based his motion on the fact that he has received
"...a document from his own country which is an important proof of his claim and was not available at the time of IRB hearing and he obtained it after filing and serving his Application Record and after the expiry of the deadline for filing documents".
[3] As was raised by the respondent, a party cannot introduce evidence on judicial review which was not before the original decision-maker.
[4] We should refer to Justice Gibson in Farhadi v. Minister of Citizenship and Immigration, [1998] 3 F.C. 315 at 329, where he states:
| It is trite law that a reviewing court is bound by the record filed before the federal board, commission or other tribunal the decision of which is under appeal. Reviewing court jurisprudence has followed this rule, noting that if evidence not before the initial tribunal is introduced on judicial review, the review application would effectively be transformed into an appeal or a trial de novo. |
[5] It is clear from the affidavit of the applicant that the document was not in his possession until October 2000 and his refugee hearing occurred in July 2000.
[6] The evidence that the applicant wants to introduce was clearly not before the decision-maker and this document is totally inadmissible on judicial review.
[7] For those reasons, this motion is dismissed.
Pierre Blais
Judge
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