[2012] 3 F.C.R. D-3
Citizenship and Immigration
Immigration Practice
Appeal from Federal Court order (IMM-3647-11) in particular dismissing applicant’s motion for stay of removal from Canada, awarding respondent costs—Appellant not party to proceeding, not notified any order would be made thereagainst—While respondent conceding that appellant entitled to notice of Federal Court’s intention to make order thereagainst, arguing that Federal Court of Appeal not having jurisdiction to hear appeal from Federal Court decision in absence of certification of serious question of general importance pursuant to Immigration and Refugee Protection Act, S.C. 2001, c. 27, s. 74(d)—Act, s. 74(d) intended to limit right of appeal to Federal Court of Appeal by parties to applications for judicial review brought thereunder—However, provision not depriving non-party from right of appeal in rare circumstance where order made against non-party without giving non-party any notice, opportunity to be heard—Therefore, Federal Court of Appeal not lacking jurisdiction to hear appeal in unique circumstances herein—As to order under appeal, since made without giving appellant any notice, opportunity to be heard, Federal Court’s findings owed no deference—Order under appeal not sustainable since, at Federal Court hearing, respondent not seeking costs or any other relief against appellant—Appeal allowed.
Khokhar v. Canada (Public safety and Emergency Preparedness) (A-263-11, 2012 FCA 66, Dawson J.A., judgment dated February 27, 2012, 5 pp.)