Idemudia v. Canada ( Minister of Employment and Immigration )
Imm-3277-93
Rothstein J.
30/6/93
10 pp.
Application for stay of deportation order-Applicant Idemudia convicted for trafficking in crack-cocaine-Found not to have credible basis for Convention refugee claim-Deportation order issued against him -- Applicants married in March 1992 -- Application for sponsorship and landing from within Canada denied by immigration officer based upon discrepancies between stories of each applicant during interview -- Requirement deportation order must be challenged if stay to be granted not taking into account scheme and interaction of various procedures under Immigration Act -- Stay application open to consideration even though deportation order sought to be stayed not directly challenged -- Not clear whether appeal to Immigration Appeal Board wrong procedure -- Stay application made concurrent with leave application in Federal Court may be considered -- Apprehension of bias based on fact immigration officer having dealt with Idemudia on previous occasion and having him arrested -- Two matters in which immigration officer involved different -- No indication immigration officer arrested Idemudia on first occasion out of malice or bias -- No serious issue as to apprehension of bias-Whether applicants denied opportunity to know discrepancies raised by immigration officer and to explain them -- Court not asked to substitute own opinion for that of immigration officer in respect of interview conducted -- Immigration officer giving applicants opportunity to address discrepancies in stories -- No breach of rules of procedural fairness -- Personal difficulties alleged by applicants not constituting irreparable harm-Respondent's sudden action in taking applicant Idemudia into custody not relevant to instant decision -- Application dismissed.