Ahmed v. Canada ( Minister of Employment and Immigration )
IMM-3226-93
Nadon J.
28/9/93
5 pp.
Motion to dismiss application for judicial review for failure to obtain leave of Court under Immigration Act, s. 82.1-Respondent failing to process applicants' request for permanent resident status despite continuous requests-Applicants seeking mandatory order under Federal Court Act, s. 18 directing respondent to grant them landing as permanent residents-Leave of Court not sought by applicants under s. 82.1-Ss. 18 and 18.1 listing remedies of judicial review-Both provisions maintained in force to avoid necessity of referring expressly to prerogative or extraordinary remedies when party applies for judicial review-Applicants not entitled to commence proceedings without obtaining leave of Court-Motion allowed-Immigration Act, R.S.C., 1985, c. I-2, s. 82.1 (as enacted by S.C. 1990, c. 8, s. 53)-Federal Court Act, R.S.C., 1985, c. F-7, ss. 18(1) (as am. by S.C. 1990, c. 8, s. 4), 18.1 (as enacted idem, s. 5).