Lominadze v. Canada ( Minister of Citizenship and Immigration )
IMM-4616-97
Reed J.
28/1/98
10 pp.
Immigration-Motion to strike affidavit filed in support of applicant's application for judicial review and, concomitantly, to strike originating notice of motion which initiated application-Applicant in Canada on visitor's visa-Applied for permanent residence through Canadian Consulate General in Buffalo-Travelled from Russia to Buffalo on three occasions at his own expense for interviews with immigration officer-Application refused in October 1997-Whereas needed 70 points, applicant awarded 67 (0 out of 10 for knowledge of English and 2 out of 10 for personal suitability)-Applicant challenging those assessments-Affidavit filed by applicant's solicitor-Motion dismissed-(1) Only minor and inconsequential aspects of affidavit based on hearsay; (2) Arguable that content of affidavit filed with respect to reviews of visa officer decisions not governed by Federal Court Rules, R. 332(1), but by R. 1603, and latter less restrictive than former; (3) No jurisdiction to strike out affidavits or originating notices of motion in judicial review proceeding; (4) Appropriate procedure, in general, to leave particular affidavit for evaluation by judge hearing application on merits-Although jurisdiction to dismiss originating notice of motion, in summary manner, where notice of motion so clearly improper as to be bereft of any possibility of success, not such case-Costs awarded on solicitor-client basis: so little of impugned affidavit of type that, in any event, could be classified as inadmissible hearsay, that motion must be characterized as frivolous-Federal Court Rules, C.R.C., c. 663, RR. 332(1), 1603 (as enacted by SOR/92-43, s. 19; 9441, s. 15).