It is not a right of appeal; it is a principle of judicial review. Nowhere in the Immigration Act is an actual right of appeal granted, except for permanent residents. There is provision for referral to the Immigration Appeal Division. That is the only place in the Immigration Act where there is an actual right of appeal which has the effect of suspending the proceeding. Here, however, there is no right of appeal; instead, there is provision for a judicial review.
Howe would that judicial review work? The way judicial review usually works—and I'm sure many of you already know this—the judge hearing the case has to be informed of everything that has occurred. You have to present an accurate snapshot of the circumstances, as analyzed by the decision-maker. Can I give an affidavit to the advocate that has been appointed, so that he can tell me exactly what happened in the context of the judge's decision-making process? To ask the question is to answer it. That would be absolutely impossible, since a new case has now been opened. A new advocate would be appointed and you would have to start from scratch. It would be absolutely impossible to proceed even with a judicial review in the context of this bill, as currently worded.