CITIZENSHIP AND IMMIGRATION |
Judicial Review |
Federal Court Jurisdiction |
Arndorfer v. Canada (Minister of Citizenship and Immigration)
IMM-3861-00
2002 FCT 674, Layden-Stevenson J.
14-6-02
4 pp.
Jurisdictional issue regarding appropriate forum for consideration of effect of applicants' "Notice of Withdrawal of a Convention Refugee Claim", respondent's "Notification Confirming Withdrawal of a Convention Refugee Claim"-- Applicants have filed application for reinstatement of refugee claim under Convention Refugee Determination Division Rules, s. 34(1)--Matter currently before Refugee Division-- Issue of validity of withdrawal of applicants' Convention refugee claims more appropriately dealt with by Refugee Division pursuant to applicants' request for reinstatement of claims under s. 34(1)--While Refugee Division best forum for resolution of these issues, Court also properly seized of matter under application for judicial review, could not now decline jurisdiction--Resolution of "jurisdictional issue" independent of issue regarding conditional removal order--Latter having no bearing on question of proper forum for determination of validity of withdrawals, not properly before Court as preliminary matter in application--Absent discontinuance, withdrawal of application for judicial review, not open to Court to decline jurisdiction--Court ordering application for judicial review to proceed--Convention Refugee Determination Division Rules, SOR/93-45, s. 34(1).