Sajjan v. Canada ( Minister of Citizenship and Immigration )
A-247-97
Linden J.A.
24/6/97
4 pp.
Issue whether Immigration Appeal Division decision respecting visa officer's decision under Act, s. 77(1) may be judicially reviewed without leave of Federal Court Trial Division judge-Case before F.C.A. as result of Minister's motion to strike out respondent's originating notice of motion in which, without leave, sought to have Appeal Division decision set aside-Motions Judge dismissed motion and certified question referred to above (issue)-Appeal allowed, originating notice of motion struck and certified question answered in affirmative-Immigration Act, s. 82.1(2) not allowing commencement of application for judicial review in these circumstances without leave-Decision made by Appeal Division, as herein, not decision of visa officer about matter arising under ss. 9, 10 or 77-Appeal Division decision made by different decision-maker than visa officer, hence, not within exception in s. 82.1(2)-Words "any other matter arising thereunder" do not include decisions made by Appeal Division, following appeal to it from visa officer under these provisions-Such important departure from general scheme of Act would normally be done by express words to that effect, not in such roundabout way-Immigration Act, R.S.C., 1985, c. I-2, ss. 9 (as am. by S.C. 1992, c. 49, s. 4), 10 (as am. by R.S.C., 1985 (4th Supp.), c. 28, s. 4), 77 (as am. by R.S.C., 1985 (2nd Supp.), c. 10, s. 6; (4th Supp.), c. 28, s. 33; S.C. 1992, c. 49, s. 68; 1995, c. 15, s. 15), 82.1(2) (as enacted by R.S.C. 1985 (4th Supp.), c. 28, s. 19; S.C. 1990, c. 8, s. 53; 1992, c. 49, s. 73).