Rafique v. Canada ( Minister of Employment and Immigration )
92-T-991
MacKay J.
29/10/92
5 pp.
Application to extend time to file notice of appeal from order dismissing motion for order to extend time to file affidavits and written representations in support of application for leave to commence judicial review proceedings of negative humanitarian or compassionate decision -- Order seeking to appeal made because so little material on file could not be determined whether application had any merit -- Applicant alleging no prejudice to respondent if leave granted, and in interests of justice to grant leave as merits of application for leave not considered -- Application dismissed -- General authority of Court to extend time for filing appeal under Federal Court Act, s. 27(2) read in light of Immigration Act provisions relating to Federal Court proceedings -- Immigration Act, s. 84.2(2) providing Immigration Act prevails in event of inconsistency between ss. 82.1 to 84.1 and any provision of Federal Court Act -- Federal Court Act, s. 27(2) predicated upon general existence of right of appeal to Court of Appeal from decision of Trial Division -- Under s. 82.2(1) no appeal lies to Court of Appeal on application under s. 82.1 for leave to seek judicial review -- If no appeal in relation to matter in issue, no authority in Trial Division to extend time for appeal -- Dismissal of application for extension of time to file documents integral aspect of Court's jurisdiction to consider application for leave to apply for judicial review under s. 82.1 -- Appeal from such decision precluded by s. 82.2(1) -- Since no appeal to Court of Appeal in relation to that decision, Court without authority under Federal Court Act, s. 27(2) to extend time for filing appeal -- Immigration Act, R.S.C., 1985, c. I-2, ss. 82.1 (as am. by S.C. 1990, c. 8, s. 53), 82.2 (as am. idem, s. 54), 84.2 (as enacted by R.S.C., 1985 (4th Supp.), c. 28, s. 19) -- Federal Court Act, R.S.C., 1985, c. F-7, s. 27(2) (as am. by S.C. 1990, c. 8, s. 7).