Is removal of appellants from the Court of Appeal nugatory to appeal?
Canada (Federal), Canada
The following excerpt is from Aoutlev v. Canada (Citizenship and Immigration), 2007 FC 111 (CanLII):
Since the appeal can be ably conducted by experienced counsel in the absence of the appellants and since, if the appeal is successful, the appellants will probably be permitted to return to Canada at public expense, I cannot accept that removal renders their right of appeal nugatory. (Also: El Ouardi v. Canada (Solicitor General), 2005 FCA 42, [2005] F.C.J. No. 189 (QL), at paragraph 8.)
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