Jebanayagam v. Canada ( Minister of Citizenship and Immigration )
IMM-5156-93
Muldoon J.
9/3/95
8 pp.
Application under R. 1733 for reopening and reconsideration of order dismissing applicant's motion for judgment for order upon respondent's consent allowing application for judicial review and setting aside decision of Immigration and Refugee Board -- Court said to have pre-determined merits of application for judicial review, thus breaching rules of natural justice -- Court order not matter arising subsequent to own making under R. 1733 -- Consent itself grossly inadequate -- Public law different from private law -- Involving administration and enforcement of public statutes in which general public have enduring interest in statutes' due and unbiased enforcement -- Respondents not putting before Court cogent, persuasive reasons showing CRDD's decision wrong -- Written consent filed on behalf of Minister in order to support applicant's R. 324 motion for consent judgment wholly deficient -- Success on judicial review conferring real benefit upon successful applicant -- Good reason for Court to scrutinize Minister's counsel's consent scrupulously -- Application dismissed -- Judicial review case adjourned -- Federal Court Rules, C.R.C., c. 663, RR. 324, 1733.