PRACTICE |
Judgments and Orders |
Reversal or Variation |
Velupillai v. Canada (Minister of Citizenship and Immigration)
IMM-1198-00
Blais J.
18/8/00
6 pp.
Motion for reconsideration of order dismissing application for leave, judicial review, based on Federal Court Rules, 1998, rr. 397(1)(b), 399(2)(a)--R. 397(1)(b) permitting notice of motion requesting Court to reconsider on ground matter that should have been dealt with overlooked or accidentally omitted--R. 399(2) permitting Court to set aside or vary order by reason of matter arising or discovered subsequent to making of order--Applicant alleging Court failed to deal with or overlooked decision rendered by Federal Court of Appeal in Haghighi v. Canada (Minister of Citizenship and Immigration), [2000] F.C.J. No. 854 (C.A.) (QL) three days prior to order herein, confirming humanitarian applicant must be allowed to see opinion sought from PCDO--Respondent's memorandum mentioning appeal heard, but decision not yet rendered--When decision herein signed, Court not yet aware of decision rendered in Haghighi--That decision could have had impact on decision on leave application herein--R. 399(2)(b) applies--Haghighi decision matter discovered subsequent to making of order--Order denying leave set aside; application for judicial review deemed commenced--Federal Court Rules, 1998, SOR/98-106, rr. 397(1)(b), 399(2)(a).