Barbu v. Canada ( Minister of Citizenship and Immigration )
A-153-96
Stone J.A.
26/9/96
3 pp.
Motion to strike appeal on ground Trial Division has not certified pursuant to Immigration Act, s. 83(1) serious question of general importance involved-Application for judicial review commenced-Respondent offering to consent to order setting decision aside and referring matter back for redetermination by different visa officer-Applicant's counsel insisting on costs and not accepting consent-Application for judicial review allowed on merits, albeit on consent, and declined to award costs-Appeal claiming decision only dealt with costs-Decision in fact dealing with entire application for judicial review-Disposition of costs cannot be appealed against in absence of s. 83(1) certificate-Motion allowed-Costs against appellant's counsel personally denied as only available under R. 348(1) in narrow circumstances not present here-Costs fixed at $200-Immigration Act, R.S.C., 1985, c. I-2, s. 83(1)-Federal Court Rules, C.R.C., c. 663, R. 348(1).