Sajjan v. Canada ( Minister of Citizenship and Immigration )
IMM-2292-96
Gibson J.
24/1/97
8 pp.
Application for judicial review of Immigration and Refugee Board decision applicant's adopted son not member of family class, therefore Panel without jurisdiction to hear appeal of visa officer's decision under Immigration Act, s. 77(1)-Procedure on application for judicial review governed by Federal Court Immigration Rules, 1993, s. 3(1)-Applicant seeking complete transcript of hearing before Panel to complete application record-Board refusing to provide requested material on basis leave of Federal Court required to commence application for judicial review-Applicant out of time to file application record-First issue whether application for judicial review exempt from requirement for leave established by Immigration Act, s. 82.1(1) by reason of exception in s. 82.1(2)-Decision in respect of which judicial review sought not decision of visa officer on application under Immigration Act, ss. 9, 10 or 77-Words "arising thereunder" in s. 82.1(2) refer to matters arising under ss. 9, 10 or 77-Decision of Panel with respect to which judicial review sought decision, matter arising under Act, s. 77 even though made under authority of s. 69.4(2)-Decision with respect to application to visa officer-Leave of Federal Court judge to commence application for judicial review not required-Second issue whether Board under obligation by virtue of Federal Court Immigration Rules, s. 17 to prepare record, including transcript of oral hearing before Panel, and to provide copy of record to applicant-No application for leave made to Court, no such application required-Board correct in concluding it had no obligation in law to provide to applicant record of proceedings before Panel, with or without transcript of proceedings-Denial of access to material in possession of Board resulting in prejudice to applicant-Based on interpretation of provisions of law not entirely clear on facts of matter-Applicant granted reasonable extension of time to file application record-Federal Court Immigration Rules, 1993, SOR/93-22, ss. 3(1), 17-Immigration Act, R.S.C., 1985, c. I-2, ss. 9, 10, 69.4(2) (as enacted by R.S.C., 1985 (4th Supp.), c. 28, s. 18), 77 (as am. by R.S.C., 1985 (2nd Supp.), c. 10, s. 6; R.S.C., 1985 (4th Supp.), c. 28, s. 33; S.C. 1992, c. 49, s. 68), 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).