Haider v. Canada ( Minister of Employment and Immigration )
92-T-1459
MacKay J.
13/11/92
11 pp.
Stay of deportation -- Application for stay of execution of exclusion order pending final disposition of application for leave to seek judicial review of ministerial decision -- Review of humanitarian and compassionate considerations disclosing insufficient grounds to warrant recommendation under Immigration Act, s. 114(2) that applicant be landed from within Canada -- Whether serious issue to be tried, whether irreparable harm if stay not granted and whether balance of convenience favours granting of stay -- Serious or arguable issues before Court -- Issue of possible statutory entitlement of applicant to be processed for landing from within Canada under Act, s. 46.04 not addressed by counsel for respondent at hearing -- General conditions in Kenya creating serious difficulties for Muslims -- Removal of applicant likely to create emotional and physical disruption for applicant, infant daughter born in Canada and father -- Hardship causing irreparable harm if stay sought not granted -- Court may intervene to issue interim order to stay other processes pending determination of issues before Court under Federal Court Act, s. 18.2 -- Balance of convenience favouring grant of stay of execution of exclusion order -- Application granted -- Immigration Act, R.S.C., 1985, c. I-2, ss. 46.04 (as enacted by R.S.C., 1985 (4th Supp.), c. 28, s. 14), 82.1 (as am. by S.C. 1990, c. 8, s. 53), 114(2).