Question juridique clé
Whether the public law appeal against the definitive removal decision was admissible and could itself result in definitive removal of opposition
Solution extraite
The appeal was admissible only within the statutory limits, but the Federal Court could not itself grant definitive removal of opposition because the prerequisites for that exceptional power were not met.
Motifs extraits
A request for definitive removal is inadmissible when the Federal Court reviews the challenged decision only for arbitrariness and not under a full merits review.