Lee v. Canada ( Minister of Citizenship and Immigration )
IMM-4818-98
Richard A.C.J.
26/10/99
14 pp.
Application for judicial review of decision of Visa Officer and Program Manager denying application for permanent residence-Preliminary issue whether applicant's notice of application for judicial review complied with r. 302, Immigration Act, s. 82.1-Applicant, permanent resident of Hong Kong, applied for permanent residence in Canada as assisted relative-Requested consideration of application under humanitarian, compassionate grounds as last remaining family member in Hong Kong-Application under Assisted Relative category denied as applicant had failed to acquire 65 points necessary to obtain visa-Request to waive regulatory requirements on humanitarian, compassionate grounds under Act, s. 114(2) refused by Program Manager-Applicant filing notice of application for judicial review of decisions by Visa Officer, Program Manager-Respondent filing motion to strike applicant's notice of application, to dismiss application for judicial review-Applicant seeking to review two decisions-As notice of application simultaneously refers to both decisions, both individuals, applicant did not comply with r. 302 which limits application for judicial review to one order-Wording of Act, s. 82.1 necessitates filing of two separate applications-Notice of application for judicial review of Program Manager's decision dismissed on ground (1) separate decision from that of Visa Officer, (2) decision requiring leave under s. 82.1(2)-Notice of application for judicial review filed September 18, 1998 amended to refer only to judicial review of Visa Officer's decision-Decision not subject to leave provisions-Visa Officer committing no reviewable error with respect to applicant's evaluation-Application for judicial review dismissed-Federal Court Rules, 1998, SOR/98-106, r. 302-Immigration Act, R.S.C., 1985, c. I-2, ss. 82.1 (as enacted by R.S.C., 1985 (4th Supp.), c. 28, s. 19; S.C. 1990, c. 8, s. 53; 1992, c. 49, s. 73), 114 (as am. by R.S.C., 1985 (4th Supp.), c. 28, s. 29; c. 29, s. 14; S.C. 1990, c. 38, s. 1; 1992, c. 49, s. 102; 1994, c. 26, s. 36).