Agyakwa v. Canada ( Minister of Employment and Immigration )
92-T-1744
MacKay J.
9/3/93
5 pp.
Application to stay execution of removal order pending disposition of application for leave to commence proceedings for judicial review under Immigration Act, s. 82.1-Upon arrival in Canada from Ghana in 1988 applicant claiming Convention refugee status-On April 11, 1992 married Canadian citizen-On April 21 found not to be Convention refugee-Application for leave to appeal decision dismissed-On May 15 applied for landing from within Canada-Denied because immigration officer suspected bona fides of marriage-Decision not communicated to applicant until after date for removal from Canada fixed-Absent objections to Court's authority to consider stay of removal order or to stay removal order, and despite decisions limiting Court's authority to exercise discretion to stay removal order, Court may in appropriate circumstances exercise discretion to stay order under Federal Court Act, s. 18.2 giving it discretion to make such interim orders as considers appropriate pending final disposition of application-Application allowed-Serious issue raised as to duty of fairness owed by officer to alert applicant to particular reservations arising from perceived inconsistencies in responses by spouses to questionnaire before reaching conclusion on bona fides of marriage-Disruption of family ties and interdependencies constituting irreparable harm if interim order not granted and leave for judicial review allowed-Balance of convenience favouring grant of stay-Stay simply postpones exercise of Minister's responsibility under Act-Federal Court Act, R.S.C., 1985, c. F-7, s. 18.2 (as am. by S.C. 1990, c. 8, s. 5)-Immigration Act, R.S.C., 1985, c. I-2, s. 82.1 (as am. by S.C. 1990, c. 8, s. 53).