CITIZENSHIP AND IMMIGRATION |
Judicial Review |
Federal Court Jurisdiction |
Marshall v. Canada
T-1519-02
2002 FCT 1099, O'Keefe J.
23/10/02
4 pp.
Motion for interim injunction restraining Minister of Citizenship and Immigration from continuing admissibility proceedings against one of named applicants until disposition of citizenship issue--Applicant seeking to prevent Immigration Division from doing what it is directed to do by Immigration and Refugee Protection Act (IRPA), s. 45-- Court not having jurisdiction to issue order requested--No application for judicial review filed with Court--IRPA, s. 72(1) and Federal Court Act (FCA), s.18(1) require such relief to be within application for judicial review--FCA, s. 18.2 stay only available if judicial review application has been filed --Applicant's motion dismissed--Immigration and Refugee Protection Act, S.C. 2001, c. 27, ss. 45, 72(1)--Federal Court Act, R.S.C., 1985, c. F-7, ss. 18(1) (as am. by S.C. 1990, c. 8, s. 4), 18.2 (as enacted idem, s. 5).