Tsitelashvili v. Canada (Citizenship and Immigration), 2016 FC 644

Date: 20160608

Docket: IMM-747-16

Citation: 2016 FC 644

Ottawa, Ontario, June 8, 2016

PRESENT:    The Honourable Mr. Justice Shore

JUDGMENT AND REASONS

[1]               The Applicant is not permitted to relitigate a matter that has been before the Court, wherein the matter has been decided.

[2]               The Court had already dismissed the application for leave and judicial review.

[3]               An abuse of process implicates the inherent authority of the Court by its very jurisdiction. It is incumbent for the Court to prevent such abuse of procedure that would bring the administration of justice itself into disrepute (Toronto (City) v Canadian Union of Public Employees (C.U.P.E.), Local 79, 2003 SCC 63 at para 37).

[4]               An abuse of process is a disrespect to the Court and a disservice to the administration of justice that such encumbers: Justice Michael L. Phelan, in IMM-5612-15, granted the Respondent’s motion to dismiss the application for leave, on January 27, 2016.

[5]               Yet, a second application for leave and judicial review was filed by the Applicant in regard to the same Refugee Appeal Division decision, in complete disregard of the decision of Justice Phelan of this Court.

[6]               That is but an abuse of the administration of justice which is unacceptable.

[7]               Thus, for all the above reasons, the Court duly strikes the application for leave and judicial review.

JUDGMENT

THIS COURT’S JUDGMENT is that the application for leave and judicial review be struck.

"Michel M.J. Shore"

FEDERAL COURT

SOLICITORS OF RECORD

APPLICATION FOR LEAVE AND JUDICIAL REVIEW CONSIDERED AT OTTAWA, ONTARIO

WRITTEN REPRESENTATIONS:

SOLICITORS OF RECORD: