Digests

Federal Court of Appeal Jurisdiction

Appeal from Federal Court decision refusing to grant application for reconsideration of Deputy Judge decision pursuant to Citizenship Act, R.S.C., 1985, c. C-29, s. 14(5) setting aside citizenship judge decision denying respondent’s citizenship application—Subsequent decision from same Deputy Judge one month later in same matter coming to opposite conclusion, thus prompting Minister’s motion for reconsideration—Respondent arguing that if, pursuant to Act, s. 14(6), Court precluded from hearing appeals from Federal Court decisions made under s. 14(5), it cannot have jurisdiction to hear appeals from Federal Court decisions reconsidering, refusing to reconsider these very decisions—As determined in Canada (Minister of Citizenship and Immigration) v. Saji, 2010 FCA 100, Court having jurisdiction if Federal Court decision sought to be appealed not disposing of, not related to ultimate question in citizenship appeal—Decision made to more efficiently determine ultimate question one which relates to ultimate question—Hence, by considering whether appeal would be productive, Federal Court decision clearly coming within this description—Court thus without jurisdiction to hear appeal—Appeal dismissed—Per Létourneau J.A. (concurring): Federal Court Judge committing three errors—Erring in determining that rendering of second decision by Federal Court not new “matter” within meaning of Federal Courts Rules, SOR/98-106, r. 399(2)—Also erring in concluding that r. 399(2)(a) not exception to functus officio principle—Finally, Judge making overly strict application of that principle.

Canada (Citizenship and Immigration) v. Arif (A-432-09, 2010 FCA 157, Noël and Létourneau JJ.A., judgment dated June 10, 2010, 11 pp.)