Federal Court Decisions

Decision Information

Nourhaghighi v. Canada (Citizenship and Immigration)

Court (s) Database Federal Court Decisions
Date 2012-09-18
Neutral citation 2012 FC 1088
File numbers T-478-12

Decision Content

 

 

Date: 20120918

Docket: T-478-12

Citation: 2012 FC 1088

Toronto, Ontario, September 18, 2012

PRESENT:    The Honourable Mr. Justice Near

 

BETWEEN:

 

 

MAJOR KEYVAN NOURHAGHIGHI AND FARZAD NOUR HAGHIGHI

 

 

 

Applicants

 

and

 

 

 

THE MINISTER OF CITIZENSHIP

AND IMMIGRATION

 

 

 

Respondent

 

 

 

 

 

           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”

Judge

 

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

 

REASONS FOR ORDER

AND ORDER BY:                           NEAR J.

 

DATED:                                            September 18, 2012

 

 

 

APPEARANCES:

 

Major Keyvan Nourhaghighi

 

FOR THE APPLICANTS

(ON HIS OWN BEHALF)

 

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

 

FOR THE APPLICANTS

(ON HIS OWN BEHALF)

 

Myles J. Kirvan

Deputy Attorney General of Canada

FOR THE RESPONDENT (Minister of Citizenship and Immigration)

 

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