Ahmed v. Canada ( Minister of Citizenship and Immigration )
IMM-3342-95
Gibson J.
23/10/96
8 pp.
Application for intervenor status in judicial review of immigration counsellor's decision applicant not satisfying identity documents requirement of Immigration Act, s. 46.04(8)-Federal Court Immigration Rules, 1993 not providing for addition of intervenors in judicial review applications such as this-R. 4(1) making certain provisions of Federal Court Rules applicable in judicial reviews in immigration matters other than judicial reviews of decisions of visa officers, but not R. 1611-R. 4(2) making all of "1600 Rules", including R. 1611 applicable to judicial reviews of decisions of visa officers-Lack of such provision not representing "gap" in Rules, but intentional omission-David Bull Laboratories (Canada) Inc. v. Pharmacia Inc., [1995] 1 F.C. 588 (C.A.) applied-Court cannot rely on Federal Court Rules, R. 5 to import R. 1611, specifically directed to issue of interventions in other judicial review applications, to allow for intervenor in this matter-Proposed intervenor could have filed affidavits of its officers under Federal Court Immigration Rules, 1993, R. 10 and argument adduced thereon-Proposed intervenor attempting to supplement material filed in way not contemplated by Rules, delaying expeditious hearing and disposition of application-Too late to remedy deficiency in original application record-Federal Court Rules, C.R.C., c. 663, RR. 5, 1611 (as enacted by SOR/92-43, s. 19)-Federal Court Immigration Rules, 1993, SOR/93-22, RR. 4, 10-Immigration Act, R.S.C., 1985, c. I-2, s. 46.04 (as enacted by R.S.C., 1985 (4th Supp.), c. 28, s. 14; S.C. 1992, c. 49, s. 38).