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Federal Court of Canada Dismisses Motion to File Supplementary Evidence in Immigration Case

Strategic Insights

— 2 min read

The Federal Court of Canada has ruled against a self-represented litigant, dismissing a motion to file supplementary evidence in an immigration case. The Applicant, Mahmoud Amr Mohammed Elsaid Ahmed, had sought to introduce new evidence, including a screenshot from the Immigration, Refugees and Citizenship Canada (IRCC) website and an email confirming his Nuclear Site Access Security Clearance. The Respondent, the Minister of Citizenship and Immigration, opposed the motion, arguing that the evidence was available at the time of filing and would not assist the Court in determining the legal points in issue.

Key Takeaways:

  • The Federal Court of Canada has dismissed a motion to file supplementary evidence in an immigration case.
  • The motion was brought by a self-represented litigant, Mahmoud Amr Mohammed Elsaid Ahmed, seeking to introduce new evidence in support of his application for Permanent Residency.
  • The evidence sought to be introduced included a screenshot from the IRCC website and an email confirming the Applicant's security clearance.
  • The Respondent argued that the evidence was available at the time of filing and would not assist the Court in determining the legal points in issue.
  • The Court held that the Applicant has not discharged his burden to establish that special or unusual circumstances exist to warrant an Order permitting him to file supplementary reply evidence.
  • The Court found that the evidence at issue was available to the Applicant before he filed his original affidavit, and that the Applicant failed to satisfy the Court that the proposed evidence will assist the Court in its final determination of the matter.

Statistics:

  • The motion was dismissed on May 22, 2025.
  • The Applicant's application for leave and for judicial review was filed on March 20, 2025.
  • The Respondent's Record was served and filed on April 22, 2025.
  • The Appeal Court's jurisprudence on this matter is detailed in Taiyese v. Canada (Citizenship and Immigration), 2024 FC 1730.
  • The Immigration Rules consist of 24 rules, numbered as Rules 1 through 24, with no provision for filing reply evidence.
  • The Court has discretion to grant leave to file supplementary evidence in exceptional circumstances, guided by the questions set out in Amgen Canada Inc. v. Apotex Inc., 2016 FCA 121.

Sources:

  • Federal Court of Canada
  • Immigration, Refugees and Citizenship Canada (IRCC)
  • Taiyese v. Canada (Citizenship and Immigration), 2024 FC 1730
  • Amgen Canada Inc. v. Apotex Inc., 2016 FCA 121
  • Forest Ethics Advocacy Association v National Energy Board, 2014 FCA 88
  • Zhou v. Canada (Minister of Citizenship and Immigration), 2003 FC 1060
  • Mark v. Canada (Citizenship and Immigration), 2022 FC 411
  • Kirk G. Shannon, Associate Judge, Federal Court of Canada.

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