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.