Meenu Alhuwalia

The self-represented appellant appealed a prothonotary's order striking his action for damages against the Minister without leave to amend.

The underlying action sought over $1.8 million in damages for an allegedly unlawful refusal of his spouse's permanent residence application and claimed Charter violations.

The Federal Court upheld the prothonotary's finding that the action was an impermissible collateral attack on the underlying immigration decision, which should have been challenged via judicial review.

The motion in appeal was dismissed.

The applicant sought judicial review of a Refugee Protection Division (RPD) decision rejecting her claim for refugee protection and finding it to be manifestly unfounded.

The RPD concluded the applicant had failed to establish her identity and that her claim was clearly fraudulent due to numerous inconsistencies, the use of a fraudulent passport, and discrepancies in testimony and documents.

The Federal Court found the RPD's determinations on identity and credibility, as well as its conclusion that the claim was manifestly unfounded under IRPA s. 107.1, to be reasonable.

The Court also found no reviewable error in the RPD's treatment of post-hearing medical evidence or its refusal to hear additional witnesses.

The application for judicial review was dismissed.