Date: 20010726
Neutral citation: 2001 FCT 835
Toronto, Ontario, Thursday, the 26th day of July, 2001
PRESENT: The Honourable Mr. Justice Lemieux
BETWEEN:
ANDRAS ERNO BOROS, ANDRASNE BOROS, KRISZTIAN BALOGH, DOLOREZS BOROS, ANDRAS BOROS, LIVIA BOROS and PETERNE ROZSA
Applicants
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
[1] I agree with counsel for the Respondent that counsel for the Applicants argued a substantially different case than that identified in their memorandum of fact and law.
[2] In oral argument, counsel for the Applicants challenged the credibility findings made by the Tribunal something not done in their memorandum. This new tact fundamentally impacted the Respondent's case leaving counsel without any meaningful opportunity to address the Applicants new case which relied heavily on transcript references.
ORDER
This Judicial Review application is adjourned to a date to be fixed by the Judicial Administrator.
IT IS HEREBY ORDERED THAT:
1. The Applicants shall serve and file a further memorandum of argument on or before August 7, 2001.
2. The Respondent shall serve and file a further memorandum of argument on or before August 17, 2001.
"François Lemieux"
J.F.C.C.
Toronto, Ontario
July 26, 2001
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
COURT NO: IMM-3915-00
STYLE OF CAUSE: ANDRAS ERNO BOROS, ANDRASNE BOROS, KRISZTIAN BALOGH, DOLOREZS BOROS, ANDRAS BOROS, LIVIA BOROS and PETERNE ROZSA
Applicants
- and -
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
DATE OF HEARING: WEDNESDAY, JULY 25, 2001
PLACE OF HEARING: TORONTO, ONTARIO
REASONS FOR ORDER
AND ORDERBY: LEMIEUX J.
DATED: THURSDAY, JULY 26, 2001
APPEARANCES: Mr. Rocco Galati
For the Applicants
Mr. Kevin Lunney
For the Respondent
SOLICITORS OF RECORD: Galati, Rodrigues & Associates
Barristers & Solicitors
203-637 College St.
Toronto, Ontario
M6G 1B5
For the Applicants
Morris Rosenberg
Deputy Attorney General of Canada
For the Respondent
FEDERAL COURT OF CANADA
Date: 20010726
Docket: IMM-3915-00
Between:
ANDRAS ERNO BOROS, ANDRASNE BOROS, KRISZTIAN BALOGH, DOLOREZS BOROS, ANDRAS BOROS, LIVIA BOROS and PETERNE ROZSA
Applicants
- and -
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
REASONS FOR ORDER
AND ORDER