Citizenship and Immigration
Immigration Practice
Class Proceedings—Application to reinstate class originally certified—Action to recover alleged profit on issuance of visas pursuant to 43 regulations under Immigration and Refugee Protection Act, S.C. 2001, c. 27—Federal Court of Appeal restricting class to those paying fees under one regulation—Minister not having right to cross-examine author of affidavits introducing various documents into Court record—Minister hoping to establish that motions seeking expansion of currently defined class without adequate evidentiary support—As held in Tihomirovs v. Canada (Minister of Citizenship and Immigration), [2006] 2 F.C.R. 531 (F.C.A.), as leave required before judicial review may proceed in immigration matters, question of whether reasonable cause of action already determined and should not be issue on conversion/certification applications—Court already deciding three times that not plain and obvious that entire proposed class not having fairly arguable case—Application allowed.
Hinton v. Canada (Minister of Citizenship and Immigration) (IMM-5015-06, IMM-3195-08, IMM-3197-08 and IMM-3196-08, 2008 FC 1343, Harrington J., order dated December 2, 2008, 8 pp.)