Rahaman v. Canada (Minister of Citizenship and Immigration)
The court held that the test for reception of fresh evidence on appeal had not been satisfied and therefore dismissed the motion to admit the evidence.
Source-derived case information.
- Citation
- 2002 FCA 33
- Parties
- Appellant: Mizanur Rahaman; Respondent: The Minister of Citizenship and Immigration
- Court
- Federal Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 23 January 2002
- Procedural Posture
- Appeal Federal Court of Appeal (immigration) / Motion to Admit Fresh Evidence on Appeal; Decision on Motion
- Outcome
- Motion dismissed; fresh evidence not admitted.
- Legal Topics
- Fresh Evidence, Admissibility of New Evidence on Appeal, Test for Reception of Fresh Evidence, Motion Practice
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mizanur Rahaman
Appellant
The Minister of Citizenship and Immigration
Respondent
Procedural Posture
Appeal Federal Court of Appeal (immigration) / Motion to Admit Fresh Evidence on Appeal; Decision on Motion
Legal Issues
- 1 Whether the test for reception of fresh evidence on appeal was satisfied
- 2 Whether the fresh evidence should be admitted on appeal
Ratio Decidendi
The court held that the test for reception of fresh evidence on appeal had not been satisfied and therefore dismissed the motion to admit the evidence.
Court Disposition
Motion dismissed; fresh evidence not admitted.
Orders
- The motion will be dismissed.
Full Case Text
Judgment text and source record
1 paragraphs
Rahaman v. Canada (Minister of Citizenship and Immigration) Court (s) Database Federal Court of Appeal Decisions Date 2002-01-23 Neutral citation 2002 FCA 33 File numbers A-711-00 Decision Content Date: 20020123 Docket: A-711-00 Neutral citation: 2002 FCA 33 CORAM: STONE J.A. EVANS J.A. MALONE 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. EVANS J.A. MALONE 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.) STONE J.A. [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