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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and
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AND IMMIGRATION
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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
APPEARANCES:
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(ON HIS OWN BEHALF)
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John Loncar
Helen A. Daley
Sean L. Gosnell
Darrell Kloeze |
FOR THE RESPONDENT (Minister of Citizenship and Immigration)
FOR THE RESPONDENT
FOR THE RESPONDENT
FOR THE RESPONDENT |
SOLICITORS OF RECORD:
N/A
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FOR THE APPLICANTS (ON HIS OWN BEHALF)
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FOR THE RESPONDENT (Minister of Citizenship and Immigration) |