Background:
- The case involves Khaliq Hussain Anwar (Applicant) against Neil Nawaz et al. (Respondents).
- Anwar sought to set aside an order of Associate Judge Trent Horne dated August 30, 2023, which dismissed Anwar’s application for judicial review for delay.
- Anwar's original application sought judicial review of a decision from the Social Security Tribunal of Canada Appeal Division, which denied permission to appeal.
Key Points:
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Anwar’s Allegations:
- Anwar self-represented, alleging the order was “fraudulent, full of mistake, invalid, and unlawful,” and accused Judge Horne of dishonesty and bad faith.
- He claimed to have been subjected to unlawful torture by the Canadian Security Intelligence Service (CSIS) for 17 years and expected the Court to investigate and prosecute these claims.
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Court's Analysis:
- The Federal Court found Anwar's claims unconvincing, with no substantial evidence supporting allegations of fraud in the order.
- The Court noted Anwar's repeated failure to comply with procedural rules and found his motions non-compliant.
- Anwar’s frustration with the Court’s inability to address his issues with CSIS was acknowledged, but his expectations were deemed beyond the scope of judicial review.
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Outcome:
- Anwar’s motion to set aside Judge Horne’s order was dismissed.
- The Court emphasized its limited role in judicial review and advised Anwar to seek legal counsel for a better understanding of his legal options.
Conclusion: The Federal Court dismissed Khaliq Hussain Anwar's motion to set aside the order, upholding the dismissal of his application for judicial review for delay, and highlighted the need for compliance with procedural norms in legal proceedings. No costs were awarded.
