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CITIZENSHIP AND IMMIGRATION

Exclusion and Removal

Removal of Permanent Residents

Perkins v. Canada (Minister of Citizenship and Immigration)

IMM-3351-99

O'Keefe J.

25/10/00

10 pp.

Application for judicial review of IRB Appeal Division (IRBAD) decision cancelling earlier order staying applicant's deportation, dismissing appeal and ordering prompt execution of deportation order (removal order)--Applicant, landed immigrant from Jamaica since 1987, convicted in 1993 of importing narcotic--Deportation order issued in January 1995--In April 1996, IRBAD, having regard to H & C considerations, granted conditional stay of removal order for period of 5 years--In June 1997, applicant convicted of possession and use of stolen credit cards (conditional sentences and probation)--After finding applicant had failed to comply with terms of stay, IRBAD removed stay in June 1995--In September 1999, applicant, then 26 years old with 2 children, married common law partner of 8 years--Application allowed--IRBAD gave no reasons for cancellation of stay as not required to if, as here, none requested--In deciding to dismiss applicant's appeal, IRBAD should have regard to all circumstances of case to decide whether applicant should now be removed from Canada--Baker v. Canada (Minister of Citizenship and Immigration), [1999] 2 S.C.R. 817 applied--While normally, deference should be granted to IRBAD decision, where no reasons given, Court may look at all circumstances of case to determine if decision reasonable--In total circumstances of case, not reasonable for IRBAD to cancel stay.

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