CITIZENSHIP AND IMMIGRATION |
Immigration Practice |
Iskander v. Canada (Minister of Citizenship and Immigration)
IMM-5504-01
2002 FCT 235, MacKay J.
4/3/02
6 pp.
Application for stay of execution of removal order-- Applicant woman, citizen of Egypt, Sudan, Coptic Christian by religion, who arrived in Canada on September 16, 1996-- Claimed refugee status in October 1996--Conditional removal order issued--Advised by decision letter dated May 3, 2001 humanitarian and compassionate application refused--Serious issue raised herein as to whether Minister's delegate, in considering H&C application, gave appropriate consideration to best interests of applicant's daughter, now 6 years old, as required by S.C.C. decision in Baker v. Canada (Minister of Citizenship and Immigration), [1999] 2 S.C.R. 817--No assessment of best interests of child if were now to be removed by mother with latter's forced removal from Canada, or were to remain in Canada while mother removed --Applicant, daughter will suffer irreparable harm, that is, opportunity for child's best interests to be assessed, addressed before mother removed will be lost if stay sought not granted pending determination of application for judicial review-- Balance of convenience in favour of applicant--Application allowed.