Ge v. Canada (Minister of Citizenship and Immigration), docket A-485-98

     Date: 19981113

     Docket: A-485-98

B E T W E E N:

     ZHI DONG GE

     Applicant

     " and "

     THE MINISTER OF CITIZENSHIP AND IMMIGRATION

     Respondent

     REASONS FOR JUDGMENT

STRAYER J.A.:

     The appeal must be struck out.

     While it is not clear whether the stay sought by the appellant in the Trial Division was to operate pending an application for leave or while a judicial review was in process after the granting of leave, there is no right of appeal in these circumstances. If the stay was sought pending disposition of an application for leave it would be incidental to that application for leave. By section 82.2 of the Immigration Act there is no right of appeal from an application for leave and that applies to any proceeding incidental to such application.¹ If the application for a stay was incidental to the disposition of an application for judicial review, by subsection 83(1) there can be no appeal from the latter in the absence of a certified question. The same principle prohibits appeals from orders incidental to a judicial review. There was no such question certified here.

     Therefore the appeal cannot proceed.

     "B. L. Strayer"

                                 J.A.

Ottawa, Ontario

November 13, 1998

I agree: Robert Décary J.A.

I agree: J. T. Robertson J.A.

1.      Sereno v. Canada (Solicitor General) (1993), 75 F.T.R. 71;      Kayumba v. Canada (Solicitor General) (1994), 76 F.T.R. 238.