ADMINISTRATIVE LAW |
Judicial Review |
Guzman v. Canada (Minister of Citizenship and Immigration)
IMM-4810-99
2002 FCT 15, Nadon J.
8/1/02
8 pp.
Respondent seeking order dismissing judicial review application on grounds of abuse of process, res judicata-- Lemieux J. ought not to have granted leave to applicant to commence second judicial review application--Proposition supported by authorities, in particular by F.C.A. decision in Metodieva v. Canada (Minister of Employment and Immigration) (1998), 132 N.R. 38--Applicant's second leave application ought to have been dismissed--But Lemieux J. granted applicant leave to commence second judicial review application--Not open to Court to disregard decision, dismiss judicial review application on grounds of abuse of process, res judicata--Since no appeal from decision granting, refusing leave, Lemieux J.'s decision final--F.C.A. decision in Canada (Solicitor General) v. Bubla, [1995] 2 F.C. 680 applied--Court could not review, set aside, directly or indirectly, decision made by Lemieux J. to grant leave to applicant to commence judicial review application-- Respondent's motion dismissed.