Date: 20160608 Docket: IMM-747-16 Citation: 2016 FC 644 Ottawa, Ontario, June 8, 2016 PRESENT: The Honourable Mr. Justice Shore BETWEEN: LEVAN TSITELASHVILI Applicant and THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent JUDGMENT AND REASONS [ 1 ] The Applicant is not permitted to relitigate a matter that has been before the Court, wherein the matter has been decided. [ 2 ] The Court had already dismissed the application for leave and judicial review. [ 3 ] An abuse of process implicates the inherent authority of the Court by its very jurisdiction.

It is incumbent for the Court to prevent such abuse of procedure that would bring the administration of justice itself into disrepute ( Toronto (City) v Canadian Union of Public Employees (C.U.P.E.), Local 79 , 2003 SCC 63 at para 37 ). [ 4 ] An abuse of process is a disrespect to the Court and a disservice to the administration of justice that such encumbers: Justice Michael L.

Phelan, in IMM-5612-15, granted the Respondent’s motion to dismiss the application for leave, on January 27, 2016. [ 5 ] Yet, a second application for leave and judicial review was filed by the Applicant in regard to the same Refugee Appeal Division decision, in complete disregard of the decision of Justice Phelan of this Court. [ 6 ] That is but an abuse of the administration of justice which is unacceptable. [ 7 ] Thus, for all the above reasons, the Court duly strikes the application for leave and judicial review. JUDGMENT THIS COURT’S JUDGMENT is that the application for leave and judicial review be struck.

"Michel M.J. Shore" Judge FEDERAL COURT SOLICITORS OF RECORD DOCKET: IMM-747-16 STYLE OF CAUSE: LEVAN TSITELASHVILI v THE MINISTER OF CITIZENSHIP AND IMMIGRATION APPLICATION FOR LEAVE AND JUDICIAL REVIEW CONSIDERED AT OTTAWA, ONTARIO JUDGMENT AND REASONS: SHORE J. DATED: June 8, 2016 WRITTEN REPRESENTATIONS :

Victor Pilnitz For The Applicant Meva Motwani For The Respondent SOLICITORS OF RECORD : Victor Pilnitz Barrister & Solicitor Toronto, Ontario For The Applicant William F. Pentney Deputy Attorney General of Canada Toronto, Ontario For The Respondent