Illanko v. Canada ( Solicitor General )
IMM-3713-93
Simpson J.
30/1/95
4 pp.
Application under Federal Court Rules, R. 324 for order pursuant to Federal Court Immigration Rules, R. 18(1) and Federal Court Rules, RR. 337(5)(b) and 1733 to vary or reconsider decision dismissing application for judicial review of CRDD determination applicant not Convention refugee -- Request for certification of question of general importance pursuant to Immigration Act, s. 83(1) not made until one week after decision rendered -- R. 1733 can have no application herein as inconceivable serious question of general importance transcending interests of parties could remain invisible until after decision made on judicial review application -- Furthermore, to allow certification after judgment would be contrary to provisions of Immigration Act, s. 83(1) -- Finally, whereas exceptional measure provided for in R. 1733 requiring "clear" case, certification of question always matter of judicial discretion -- Immigration Rules, R. 18(1) not applicable as founded on premise question did not exist prior to rendering of judgment -- Federal Court Rules, R. 337(5)(b) (reconsideration of decision in cases of omission or oversight) not applicable as no request for certification of question had been made at time decision made -- Application dismissed -- Federal Court Rules, C.R.C., c. 663, RR. 324, 337(5)(b), 1733 -- Federal Court Immigration Rules, SOR/89-26 R. 18(1) -- Immigration Act, R.S.C., 1985, c. I-2, s. 83(1) (as am. by S.C. 1992, c. 49, s. 73).