Mobarakizadeh v. Canada
T-2230-93
Nadon J.
15/12/93
8 pp.
Application under R. 419(1)(a) to strike out statement of claim as disclosing no reasonable cause of action as Court without jurisdiction to grant relief sought by plaintiff -- Defendant entitled to raise issue of jurisdiction by way of R. 419(1)(a) -- Application under R. 419(1)(a) only allowed where plain and obvious plaintiff's case cannot succeed -- Immigration and Refugee Board recognizing plaintiff as Convention refugee-Plaintiff's request to extend validity period of travel document rejected by Passport officer -- Plaintiff seeking relief covered by Federal Court Act, s. 18 -- Power to issue and revoke passports part of Crown's prerogatives -- Passport officer exercising jurisdiction pursuant to Crown prerogative, therefore "federal board, commission or other tribunal" within meaning of Federal Court Act, s. 2(1) -- Judicial review now available in respect of refusal by Crown to issue passport (including Refugee Travel Document) -- Plain and obvious plaintiff's action cannot succeed -- Plaintiff not prevented from seeking judicial review of officer's decision by way of s. 18.1 application -- Application allowed -- Federal Court Rules, C.R.C., c. 663, R. 419(1)(a) -- Federal Court Act, R.S.C., 1985, c. F-7, ss. 2(1) (as am. by S.C. 1990, c. 8, s. 1), 18.1 (as enacted idem, s. 5).