Date: 20020123
Docket: A-711-00
Neutral citation: 2002 FCA 33
CORAM: STONE J.A.
BETWEEN:
MIZANUR RAHAMAN
Appellant
and
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
Heard at Montreal, Quebec, on January 23, 2002.
Order delivered from the Bench at Montreal, Quebec, on January 23, 2002.
REASONS FOR ORDER OF THE COURT BY: STONE J.A.
Date: 20020123
Docket: A-711-00
Neutral citation: 2002 FCA 33
CORAM: STONE J.A.
BETWEEN:
MIZANUR RAHAMAN
Appellant
and
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
REASONS FOR ORDER OF THE COURT
(Delivered from the Bench at Montreal, Quebec
on January 23, 2002.)
[1] We are of the view that the test set out in the case law for the reception of fresh evidence on an appeal (see e.g. Smith & Nephew Inc. v. Glen Oak Inc. (1996), 192 N.R. 271 (F.C.A.)) has not been satisfied. The motion will therefore be dismissed.
"A. J. Stone"
J.A.
FEDERAL COURT OF CANADA
APPEAL DIVISION
Date: 20020123
Docket: A-711-00
BETWEEN:
MIZANUR RAHAMAN
Appellant
and
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
REASONS FOR ORDER OF THE COURT
FEDERAL COURT OF CANADA
APPEAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: A-711-00
CORAM: STONE J.A.
EVANS J.A.
MALONE J.A.
STYLE OF CAUSE: MIZANUR RAHAMAN
Appellant
and
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
PLACE OF HEARING: Montreal, Quebec
DATE OF HEARING: January 23, 2002
REASONS FOR ORDER OF THE COURT BY STONE J.A.
DATED: January 23, 2002
APPEARANCES:
|
Ms. Pia Zambelli |
FOR THE APPELLANT |
|
Ms. Jocelyne Murphy |
FOR THE RESPONDENT |
SOLICITORS OF RECORD:
|
Ms. Pia Zambelli Montreal, Quebec |
FOR THE APPELLANT |
|
Morris Rosenberg Deputy Attorney General of Canada Montreal, Quebec |
FOR THE RESPONDENT |