In what circumstances will a summary dismissal of an application be dismissed?
Canada (Federal), Canada
The following excerpt is from Xin v. Canada (Minister of Citizenship and Immigration), 2000 CanLII 14887 (FC):
The discretionary Order of Lafrenière P. raises a question vital to the final issue of the case in that the inability of the applicant to serve and file an application record will necessarily result in the summary dismissal of the application. In accordance with the principles in Canada v. Aqua-Gem Investments Ltd., I should therefore exercise my own discretion de novo.
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