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Rafique v. Canada ( Minister of Employment and Immigration )

A-1315-92

Isaac C.J.

20/4/93

4 pp.

Appeal from Trial Judge's order dismissing motion to reconsider order dismissing application, pursuant to Federal Court Immigration Rule 23, for extension of time to file affidavits and written representations in support of application for leave to commence judicial review proceedings -- Appeal dismissed -- Immigration Act, s. 82.2(1) prohibition against appeals barring not only appeals from orders made under s. 82.1(1) refusing applications for leave to commence judicial review proceedings, but also appeals from orders made on applications integral to such applications for leave: Conception v. Canada (Minister of Employment and Immigration), [1992] 1 F.C. D-42 (C.A.); Ramnarine v. Canada (Minister of Employment and Immigration), [1992] 3 F.C. D-5 (C.A.) -- Trial Division's jurisdiction to grant or refuse application for order extending time to file documents in support of application for leave to commence judicial review proceedings integral to jurisdiction to deal with application for leave to commence judicial review proceedings under s. 82.1 -- Immigration Act, R.S.C., 1985, c. I-2, s. 82.1 (as enacted by S.C. 1992, c. 49, s. 73), 82.2 (as am. idem) -- Federal Court Immigration Rules, SOR/89-26, RR. 9, 23 -- Federal Court Act, R.S.C., 1985, c. F-7, ss. 18.1 (as enacted by S.C. 1990, c. 8, s. 5), 27(2) (as am. idem) -- Federal Court Rules, C.R.C., c. 663, R. 2(2).

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