Purpose of reconsideration motions was not to reverse what had already been ordered

Immigration and Citizenship - Appeals to Federal Court of Appeal and Supreme Court of Canada - Certification of Questions by Federal Court Trial Division

After applicant’s refugee claim was denied, he submitted pre-removal risk assessment (PRRA) application as he had been invited to do. Minister of Citizenship and Immigration cancelled applicant’s PRRA application. Applicant’s application for judicial review was dismissed, with Federal Court declining to certify any questions of general importance. Applicant brought motion for reconsideration of refusal to certify question he had proposed. Motion dismissed. Purpose of reconsideration motions was to permit parties to raise with court question of whether it had failed, inadvertently or accidentally, to deal with something that was put to it, not to reverse what had already been ordered. Applicant was instead attempting to re-argue his case, contrary to very clear law that reconsideration was not meant to provide such opportunity.

Shaka v. Canada (Citizenship and Immigration) (2019), 2019 CarswellNat 4847, 2019 CarswellNat 4876, 2019 FC 1094, 2019 CF 1094, John Norris J. (F.C.); reconsideration refused (2019), 2019 CarswellNat 2395, 2019 CarswellNat 3698, 2019 FC 798, 2019 CF 798, John Norris J. (F.C.).

Case Law is a weekly summary of notable civil and criminal court decisions by the Supreme Court of Canada, the Federal Court of Canada and all Ontario courts. These cases may be found online in WestlawNext Canada. To subscribe, please visit store.thomsonreuters.ca