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De Medeiros v. Canada ( Minister of Employment and Immigration )

IMM-7508-93

Nadon J.

11/1/94

4 pp.

Application for stay of execution of deportation order until decision rendered in respect of application for leave and for judicial review of decision of Immigration and Refugee Board Appeal Division-Jurisdiction in Court to grant relief sought by applicant -- Serious issue raised by applicant in application for leave and for judicial review -- Applicant will suffer irreparable harm should request for stay not be granted as Appeal Division loosing jurisdiction immediately upon applicant's departure from Canada -- Appeal Division's equitable jurisdiction to reopen appeal continuing until deportation order executed -- Balance of convenience in favour of applicant -- Application allowed.

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