Bains v. Minister of Employment and Immigration, (1990) 109 N.R. 239 (FCA)

• Judge: Urie, Mahoney and Stone, JJ.A.
• Court: Federal Court of Appeal (Canada)
• Case Date: May 23, 1990
• Jurisdiction: Canada (Federal)
• Citations: (1990), 109 N.R. 239 (FCA)

Bains v. MEI (1990), 109 N.R. 239 (FCA)

MLB headnote and full text

Satnam Singh Bains (applicant) v. Minister of Employment and Immigration (respondent)

(A-15-90)

Indexed As: Bains v. Minister of Employment and Immigration

Federal Court of Appeal

Urie, Mahoney and Stone, JJ.A.

May 23, 1990.

Summary:

A refugee claimant applied for judicial review of a decision of the Immigration Appeal Board without seeking leave.

The Federal Court of Appeal dismissed the application.

Aliens - Topic 1333

Admission - Refugees - Appeals - Leave to appeal - The Federal Court of Appeal affirmed that leave to appeal to the Federal Court of Appeal was required from the Federal Court of Appeal under s. 83.1 of the Immigration Act and that the requirement did not infringe a refugee claimant's rights under s. 7 or 15 of the Canadian Charter of Rights and Freedoms.

Aliens - Topic 4063

Practice - Judicial review - Leave to apply for judicial review - [See Aliens - Topic 1333].

Civil Rights - Topic 3181

Trials - Due process, fundamental justice and fair hearings - Administrative and noncriminal proceedings - Right of appeal - Leave to appeal - [See Aliens - Topic

1333].

Civil Rights - Topic 5662

Equality and protection of the law - Particular cases - Immigration - Refugees - [See Aliens - Topic 1333].

Practice - Topic 9073

Appeals - Federal Court of Appeal - Application for leave to appeal - [See Aliens - Topic 1333].

Cases Noticed:

Ernewein v. Minister of Employment and Immigration, [1980] 1 S.C.R. 639; 30 N.R. 317, dist. [para. 1].

Marwin v. Minister of Employment and Immigration (1989), 99 N.R. 70, dist. [para. 2].

Statutes Noticed:

Canadian Charter of Rights and Freedoms, 1982, sect. 7, sect. 15 [para. 4].

Immigration Act, S.C. 1976-77, c. 52, sect. 83.1.

Counsel:

Barbara Jackman and Jack Martin, for the applicant;

April Burey, for the respondent.

Solicitors of Record:

Jack C. Martin, Toronto, Ontario, for the applicant;

Deputy Attorney General of Canada, Toronto, Ontario, for the respondent.

This case was heard on May 23, 1990, at Toronto, Ontario, before Urie, Mahoney and Stone, JJ.A., of the Federal Court of Appeal.

On May 23, 1990, Mahoney, J.A., delivered the following judgment for the Federal Court of Appeal.