PRACTICE |
Variation of Time |
Yogalingam v. Canada (Minister of Citizenship and Immigration)
IMM-4372-02
2003 FCT 540, O'Keefe J.
30/4/03
5 pp.
Appeal from decision of Prothonotary Lafrenière dismissing applicant's motion for extension of time to file application record to five days from date order made--Respondent arguing Court lacked jurisdiction to hear appeal as appeal of Prothonotary's decision appeal of interlocutory judgment, barred by Immigration and Refugee Protection Act, s. 72(2)(e)--Under Federal Court Rules, 1998, r. 51(1), order of Prothonotary may be appealed to judge of Trial Division--Under r. 1, where inconsistency between Federal Court Rules, 1998 and Act of Parliament, Act prevails over Rules to extent of inconsistency--As result of inconsistency, s. 72(2)(e) applies--No appeal to Court from Prothonotary's order--Question certified: whether Immigration and Refugee Protection Act, s. 72 bars appeal within Federal Court of Canada, Trial Division from decision of prothonotary to judge of Federal Court of Canada, Trial Division--Immigration and Refugee Protection Act, S.C. 2001, c. 27, s. 72--Federal Court Rules, 1998, SOR/98-106, rr. 1, 51.