Manimaran v. Canada ( Minister of Citizenship and Immigration )
A-414-95
Létourneau J.A.
22/5/99
4 pp.
Appeal from Motions Judge's order (1995), 102 F.T.R. 199 dismissing application for judicial review of decision of Refugee Board no credible basis for appellant's refugee claim-Motions Judge certifying following question under Immigration Act, s. 83(1): when Board determining Immigration Act, 69.1(9.1) may apply, is it required to give notice to claimant?-In view of F.C.A. decision in M.E.I. v. Mathiyabaranam (1997), 221 N.R. 351, question must be answered in negative-Pushpanathan v. Canada (Minister of Citizenship and Immigration), [1998] 1 S.C.R. 982 not standing for proposal entire decision below open for consideration on appeal every time question certified under Act, s. 83(1)-Purpose of s. 83(1) to preserve judicial resources and achieve efficiency, finality in processing refugee claims by limiting further access to Court to instances involving serious questions of general importance-Court entitled to consider any element of decision below, reasonably linked to certified question and necessary for proper determination of that question and any element which, as result of determination of said question, necessary for disposition of appeal-None of issues raised by appellant meeting test-Certified question answered in negative-Appeal granted in part-Immigration Act, R.S.C., 1985, c. I-2, ss. 69.1(9.1) (as enacted by S.C. 1992, c. 49, s. 60), 83(1) (as am. idem, s. 73).