Jiang v. Canada ( Minister of Citizenship and Immigration )
IMM-2892-97
McKeown J.
21/4/98
4 pp.
Application for judicial review of Minister's decision applicant not eligible for inclusion in Deferred Removal Orders Class (DROC)-Issue whether, on facts, applicant hindered or delayed execution of removal order-Based on regulatory impact analysis statement for Immigration Regulations, 1978, s. 2(1)(f), to be excluded from deferred removal order class, person must be actively involved in hindering or delaying removal-Such not case herein, applicant having kept in touch with Immigration authorities, always notifying authorities of any change of address, and not engaging in subterfuge in any way-In essence, reason why applicant unable to make travel arrangements three months required by Embassy for China to process application and that he needed seaman's book then with Canada Immigration-Court unable to conclude applicant hindering or delaying execution of removal order on unique facts of case-Application allowed-Immigration Regulations, 1978, SOR/78-172, s. 2(1)(f) "member of the deferred removal orders class" (as enacted by SOR/94-681, s. 1).