Garcia v. Canada ( Minister of Employment and Immigration )
Imm-3574-93
Dubé J.
16/7/93
5 pp.
Application for stay of removal pending disposition of application for leave and for judicial review of denial of exemption on humanitarian and compassionate grounds from visa requirement of Immigration Act, s. 9(1) -- Applicant arriving in Canada from Nicaragua where had been active in anti-Sandinista contra movement -- Convention refugee claim found to lack credible basis -- Application for humanitarian and compassionate exemption supported by documentary evidence concerning extra-judicial treatment, including executions of contra members returned to Nicaragua -- Also submitting psychiatric evidence of fragile psychological condition, extending to serious suicidal intentions if faced with deportation to Nicaragua -- Not interviewed -- No reasons ever given for denial of humanitarian application -- Application allowed -- All three requirements in Toth v. Canada (Minister of Employment and Immigration) (1988), 86 N.R. 302 (F.C.A.) met -- Serious issue of procedural fairness raised -- Removal from Canada could result in serious and irreversible harm to applicant given precarious state of mind -- As only inconvenience to respondent that of minimal delay in removing applicant should application for leave and judicial review not be granted, balance of convenience favouring applicant -- Immigration Act, R.S.C., 1985, c. I-2, ss. 9, 114 -- Federal Court Act, R.S.C., 1985, c. F-7, s. 51.