Adjei v. Canada ( Minister of Employment and Immigration )
IMM-916-93
Reed J.
27/1/94
5 pp.
Application for reconsideration of order denying leave to commence application for judicial review -- Such leave necessary pursuant to Immigration Act, s. 82.1 -- Application for reconsideration based on Federal Court R. 337(5) -- Motion alleging something must have been overlooked because applicant's leave application cogent -- Applicant relying on R. 1733 to add second ground to request for reconsideration, namely subsequently decided case of Bovbel v. Canada (Minister of Employment and Immigration), [1994] l F.C. 340 (T.D.) declaring Board's procedure offending rules of natural justice -- R. 337(5) not meant to be used to obtain appeal or second hearing of matter already decided -- Leave denied as facts alleged not supporting refugee claim -- Test for granting leave: whether applicant demonstrated fairly arguable case -- Must show possibility of substantial errors in decision under review and evidence as whole shows applicant's case arguable -- Applicant not showing arguable case -- Request for reconsideration based on R. 1733 not successful, regardless of correctness of Board's decision as material supporting leave application not demonstrating arguable case -- Board's procedure irrelevant -- Application dismissed -- Immigration Act, R.S.C., 1985, c. I-2, s. 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) -- Federal Court Rules, C.R.C., c. 663, RR. 337(5), 1733.