Skorokhodov v. Canada ( Minister of Citizenship and Immigration )
IMM-2992-96
Nadon J.
27/6/97
12 pp.
Motion under RR. 319, 1733 to set aside orders by McGillis J. dated November 14, 1996 and February 14, 1997-Immigration and Refugee Board rejecting applicants' refugee claim on ground not credible-Applicants having failed to comply with time limit imposed, McGillis J. dismissed their application for leave and for judicial review-Applicants contend to have learned, subsequent to orders by McGillis J., their former counsel, Mr. Karpishka, negligent and made errors in relation to proceedings he commenced-Also claim to have learned, again subsequent to orders by McGillis J., testimony of expert witness concerning situation of minorities in Kazakhstan filed in evidence before tribunal-To meet requirements of R. 1733, applicant must show came to knowledge of new matter cited only after decisions sought to be set aside, matter could not with reasonable diligence have been discovered earlier and matter such if brought to attention of Court would probably have altered judgment-Discovery of counsel's negligence not constituting "matter arising subsequent to making thereof or subsequently discovered", such as would lead to setting impugned judgments aside: Moutisheva v. Canada (Minister of Employment and Immigration) (1993), 24 Imm. L.R. (2d) 212 (F.C.A.)-At hearing on November 20, 1995, applicants represented by new counsel-Evidence of expert filed at hearing in presence of applicants and their lawyer-Applicants cannot argue expert's testimony filed in record during hearing without their knowledge-Motion dismissed-Federal Court Rules, C.R.C., c. 663, RR. 319, 1733.