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Motion to stay immigration consultant licence suspension dismissed for prematurity due to unexhausted administrative remedies.
The applicant, a licensed immigration consultant, brought a motion to stay a 6-month licence suspension imposed by the Discipline Committee of the Immigration Consultants of Canada Regulatory Council pending judicial review.
The Federal Court dismissed the motion on the ground of prematurity.
Applying the general rule that judicial review should not be brought until all available and adequate administrative recourses are pursued, the Court found the applicant had failed to seek relief from the interim suspension by presenting a motion to the Discipline Committee as permitted by the order.
Without exhausting this remedy, the applicant failed to demonstrate a serious issue for trial under the RJR-MacDonald test.
