Federal Appeal

Immigration and Citizenship

Appeals to Federal Court of Appeal and Supreme Court of Canada

Certification of questions by Federal Court Trial Division

Question could only be certified only if it was decisive as to outcome of appeal

Applicant was refused entry to Canada for organized criminality but decision was remitted after judicial review. Immigration officer refused admission again. Applicant was president and general manager of companies which had majority private share of company S. Officer found that applicant was guilty of fraud on company S and Congolese government and had enriched himself at expense of S. Applicant unsuccessfully brought application for judicial review. Applicant appealed. Appeal dismissed. Question should not have been certified because judges did not deal with it in their reasons. Question could only be certified only if it was decisive as to outcome of appeal and transcended interests of parties to dispute, so that it was general scope. As result, issue must at least have been raised and considered by trial judge’ it is not disputed that Question certified by judge was not debated before them and, consequently, was not subject of thorough analysis in its reasons.

Nguesso c. Canada (Citoyenneté et Immigration) (2018), 2018 CarswellNat 4050, 2018 CAF 145, J.D. Denis Pelletier J.A., Johanne Gauthier J.A., and Yves de Montigny J.A. (F.C.A.); affirmed (2016), 2016 CarswellNat 10237, 2016 CarswellNat 6532, 2016 FC 1295, 2016 CF 1295, Jocelyne Gagné J. (F.C.).

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