Canada ( Minister of Citizenship and Immigration ) v. Canada ( Immigration and Refugee Board, Appeal Division )
IMM-802-98
Gibson J.
13/3/98
6 pp.
Motion for interim order to prohibit Board from rehearing appeal from deportation order until Court disposing of applicant's underlying application for judicial review of Board's jurisdiction to rehear appeal-Application to reopen appeal from deportation order granted after respondent Toledo deported-Federal Court Act, s. 18.1(1) permitting anyone directly affected by matter in respect of which relief sought to apply for judicial review-Other subsections of s. 18.1, related Federal Court Rules implying types of matters in respect of which relief can be sought by way of judicial review somewhat circumscribed: Alberta v. Canada (Wheat Board), [1998] 2 F.C. 156 (T.D.)-Taken in context, reference to matter in respect of which relief sought in s. 18.1(1) not extending to jurisdiction, on facts of any particular case, of federal board, commission or other tribunal-Jurisdictional error ground on which judicial review may be sought, granted in respect of decision, order or like matter-Jurisdiction simpliciter of federal board, commission or other tribunal not, of itself, such matter-Generally new evidence irrelevant to judicial review, nature of which to determine whether decision of board, commission or other tribunal under review open to it on evidence before it-Exception where issue jurisdiction of federal board, commission or other tribunal whose decision under review-That Toledo deported before Appeal Division's decision to reopen appeal, evidence going to jurisdiction-Could properly have been before Court on judicial review of decision-Time for seeking leave, judicial review of decision to reopen expired-No application for extension of time with appropriate justification filed-Court not prepared to permit applicant to do indirectly that which failed to do directly-Application dismissed-Federal Court Act, R.S.C., 1985, c. F-7, s. 18.1 (as am. by S.C. 1990, c. 8, s. 5).