Su v. Canada ( Minister of Citizenship and Immigration )
A-723-97
Strayer J.A.
9/12/97
3 pp.
Costs-Show cause proceeding to determine whether appellant's appeal should be dismissed for want of jurisdiction-Seeking to appeal Trial Division decision refusing costs in application for judicial review of decision taken under Immigration Act by visa officer refusing appellant's application for permanent residence-Appellant succeeded on application for judicial review and counsel requested costs in his favour-Motions Judge refused to award costs, finding no "special reasons", as required by R. 1618-Also refused to certify question of costs as "question of general importance" so appeal might be taken on that issue in this Court-Refusal of costs integral part of judgment disposing of application for judicial review of decision taken under Immigration Act-As such, clearly within limitations of Act, s. 83(1) and Court without jurisdiction to entertain appeal unless Trial Division has certified question of general importance pertaining to costs-Appeal quashed for want of jurisdiction-Federal Court Rules, C.R.C., c. 663, R. 1618 (as enacted by SOR/92-43, s. 19)-Immigration Act, R.S.C., 1985, c. I-2, s. 83(1) (as am. by R.S.C., 1985 (4th Supp.), c. 28, s. 19).