Digests

Dotsenko v. Canada (Minister of Citizenship and Immigration)

A-403-00

Evans J.A.

18/7/00

4 pp.

Motion pursuant to Federal Court Rules, 1998, r. 369 to strike out notice of appeal in respect of Trial Division's decision dismissing application for judicial review of decision requiring appellant to attend for visa interview; holding no serious question of general importance to be certified--Immigration Act, s. 83(1) permitting appeal to Federal Court of Appeal from judgment of Trial Division on application for judicial review with respect to decision under Immigration Act only if Trial Division certifying question of general importance involved--Appeals in cases described by s. 83(1) not governed by general appeal provision in s. 27 --To extent conflict between s. 27, s. 83(1), latter displacing former according to s. 84(2)--Appellant submitting since wished to appeal on ground Judge made findings of fact not supported by evidence, not in position to formulate question wanted certified until after reasons for judgment rendered; moreover since error not concerning interpretation, application of Immigration Act, case not within mischief at which s. 83(1) aimed--No merit to that argument--To reduce volume of appeals, consequent delays in enforcement of Immigration Act, Parliament decided no appeal where grounds of appeal not having significance beyond that case --Means litigant whose application for judicial review dismissed as result of judge's misapprehension of facts without legal remedy--Motions Judge herein bound not to certify question concerning only her findings of fact--However Court of Appeal not satisfied Judge committed any error--Constitutionality of restrictions on right of appeal imposed by s. 83(1) upheld in Chu v. Canada (Minister of Citizenship and Immigration) (1996), 116 F.T.R. 68 (F.C.T.D.)--Motion allowed--Immigration Act, R.S.C., 1985, c. I-2, s. 83 (as am. by S.C. 1992, c. 49, s. 73), 84(2) (as am. idem)--Federal Court Rules, 1998, SOR/98-106, r. 369.