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Taei v. Canada ( Minister of Employment and Immigration )

IMM-1089-93

Muldoon J.

31/3/93

5 pp.

Application for judicial review to compel respondents' officials to process and finalize application for landing under Immigration Act -- Applicant facing charges of aggravated assault, attempted murder and extortion -- Immigration Act, ss. 19(1), 46.04 barring admission to Canada of persons convicted of serious offences under Criminal Code -- Applicant not yet convicted of any offence, must be accorded presumption of innocence -- Respondent compelled to do nothing but stay applicant's request for admission -- Granting of admission depending on applicant's acquittal of pending charges -- Leave to institute judicial review denied -- Immigration Act, R.S.C., 1985, c. I-2, ss. 19(1) (as am. by R.S.C., 1985 (3rd Supp.), c. 30, s. 3), 46.04 (as enacted by R.S.C., 1985 (4th Supp.), c. 28, s. 14).

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