CITIZENSHIP AND IMMIGRATION |
Immigration Practice |
Narvey v. Canada (Adjudicator under the Immigration Act)
A-735-97
Evans J.A.
23/11/00
4 pp.
Appeal from Trial Division decision ((1997), F.T.R. 1) dismissing, for mootness, appellant's application for judicial review--Motions Judge certified question as to mootness of application for judicial review of adjudicator's refusal to grant concerned organization intervener status at deportation inquiry of suspected war criminal (Nemsila) where person subject of inquiry has died; and, if moot, whether application meeting established criteria such that Trial Division should hear it nonetheless--Appeal dismissed--Application for judicial review of adjudicator's refusal to grant intervener status moot--Proceeding between Minister and Nemsila died with Nemsila, and appellant cannot possibly be granted leave to intervene in "dead" proceeding--Appellant submitted Motions Judge should have exercised discretion to hear application as adjudicator's power to permit interventions likely to arise in similar cases in future, and as deportation inquiries apt to be completed before possible to challenge adjudicator's refusal in Federal Court --Possibility of adjournment of deportation inquiry pending determination of application for judicial review of refusal--Moreover, such deportation inquiries may last for many months and, even if no adjournment granted, might be time enough for application for judicial review before inquiry completed--Issue not, of its nature, evasive of review as Motions Judge stated appellant could seek intervener status in later deportation inquiry.