CITIZENSHIP AND IMMIGRATION |
Immigration Practice |
Grandison v. Canada (Minister of Citizenship and Immigration)
A-332-00
Strayer J.A.
25/8/00
4 pp.
Appeals from interlocutory orders--Appeal from interlocutory decisions of Motions Judge expunging large volume of new material unsupported by affidavit filed by applicant day prior to hearing of application for judicial review of danger opinion, and ordering costs in favour of respondent in respect of motion--No certification of serious question of general importance by Motions Judge--Contradictory case law on issue of whether interlocutory order in judicial review proceeding concerning decision made under Immigration Act could be appealed without question being certified under Act, s. 83(1)--Appeal dismissed--There can be no appeal as to costs in, or of refusal of stay incidental to, application for judicial review, without question being certified: Su v. Canada (Minister of Citizenship and Immigration) (1997), 225 N.R. 34 (F.C.A.); Ge v. Canada (Minister of Citizenship and Immigration) (1998), 234 N.R. 87 (F.C.A.)--Position more consistent with purpose of Immigration Act, s. 83(1): to make T.D. decisions final, but allowing for hearing of appeals on important issues transcending particular case (serious questions of general importance)--Appeals not to be taken on issues particular to given case such as procedural matters--Thus limitation on appeals of judgment in Act, s. 83(1) must be taken to cover by implication all orders incidental to such judgment--Immigration Act, R.S.C., 1985, c. I-2, s. 83(1) (as am. by R.S.C., 1985 (4th Supp.), c. 28, s. 19; S.C. 1992, c. 49, s. 73).