Nikolaos Lignos (Appellant)
v.
Minister of Manpower & Immigration (Respond-
ent)
Court of Appeal, Jackett C.J.—Ottawa, Novem-
ber 21, 1973.
Practice—Application for extension of time for leave to
appeal—Judgment of Immigration Appeal Board dismissing
motion to re-open appeal—No reasons given for dismissal—
Jurisdiction re appeal—Federal Court Act, s. 28; Federal
Court Rule 1107; Immigration Appeal Board Act, s. 23(1).
The Federal Court of Appeal has no jurisdiction under
section 23(1) of the Immigration Appeal Board Act to
entertain an appeal from an application to the Board to
re-open the hearing of an appeal. That section provides only
for an appeal to this Court from a decision of the Board on
an appeal under that Act. Nor will the Federal Court of
Appeal review the judgment of the Board on the ground that
no reasons for dismissal were given. There is no provision
requiring the Board to give reasons for dismissing an
application to re-open the hearing.
APPLICATION under Rule 1107 of the Federal
Court Rules.
SOLICITORS:
Phillips, Friedman, Bey, Garvis and Sirota,
Montreal, for appellant.
Deputy Attorney General of Canada for
respondent.
JACKETT C.J.—This is an application for
extension of time for instituting a section 28
application in respect of a judgment of the
Immigration Appeal Board dismissing a motion
to re-open the hearing of an appeal under the
Immigration Appeal Board Act against a depor
tation order and for an extension of time for the
granting of leave to appeal under section 23(1)
of the Immigration Appeal Board Act from the
said judgment.
Section 23(1) of the Immigration Appeal
Board Act provides only for an appeal to this
Court from a decision of the Immigration
Appeal Board on an appeal under that Act. It
does not provide for an appeal from an applica-
tion to the Board to re-open the hearing of an
appeal.
The only grounds suggested for the proposed
section 28 application is that the judgment of
the Immigration Appeal Board in question did
not contain any reasons for dismissal of the
applicant's motion and that "according to
Article 7(3) of the Immigration Appeal Board
Act your petitioner is entitled to the reasons for
the rendering of said judgment". Section 7(3) of
the Immigration Appeal Board Act deals with
the Board giving "reasons for its disposition of
the appeal". There is no provision of which I
have any knowledge requiring the Immigration
Appeal Board to give reasons for dismissing an
application to re-open the hearing.
Time for the granting of leave to appeal under
section 23 of the Immigration Appeal Board
Act or for the instituting of an application under
section 28(1) of the Federal Court Act is not
extended unless some probable ground is put
forward for the proposed proceeding. The
application will therefore be dismissed.
You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.