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Balaga v. Canada ( Minister of Citizenship and Immigration )

A-408-95

Stone J.A.

29/9/95

3 pp.

Appeal from Trial Division decision dismissing application to intervene in application for judicial review from decision of Minister of Employment and Immigration finding insufficient humanitarian and compassionate grounds for permitting applicant to remain in Canada-Proposed intervenor granted extension of time within which to launch "appeal" from decision dismissing application to intervene-Submission matter governed by Federal Court Act, s. 27 rather than Immigration Act, s. 83(1) without merit-Decision of Trial Division dismissing application to intervene "judgment...on application for judicial review with respect to decision...made...under Act"-No appeal to F.C.A. as no question certified by Trial Division under s. 83(1)-No inconsistency between provisions-Appeal dismissed-Federal Court Act, R.S.C., 1985, c. F-7, s. 27(1)-Immigration Act, R.S.C., 1985, c. I-2, s. 83(1) (as enacted by R.S.C., 1985 (4th Supp.), c. 28, s. 19; S.C. 1992, c. 49, s. 73).

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