CITIZENSHIP AND IMMIGRATION |
Exclusion and Removal |
Removal of Visitors |
Essiaw v. Canada (Minister of Citizenship and Immigration)
IMM-3342-01
2001 FCT 1108, Pelletier J.
10/10/01
8 pp.
Motion for stay of execution of departure order--Applicant, 66-year-old woman from Ghana, obtained visitor's visa in December 1998--When second extension of visa expired, departure order made--Departure order will become deportation order in July, 2001 unless, before then, applicant leaves Canada and obtains certificate confirming departure--Applicant seeking stay of execution of order saying ought not to be put in position of having departure order against her converted into deportation order while awaiting outcome of application for judicial review--Application dismissed--Rajan v. Canada (1994), 86 F.T.R. 70 (F.C.T.D.) and Calderon v. Canada (1995), 92 F.T.R. 107 (F.C.T.D.) examined--Result in Rajan correct but not quite for reason suggested: portion of prayer for relief saying "transformation of Departure Order . . . metamorphosizing into a deemed deportation order" ought to have been dismissed, not because beyond jurisdiction of Court but because relief requested provided by operation of law, if applicant otherwise entitled to stay--One cannot get benefit of departure order by agreeing to leave Canada and then seek to retain benefit thereof when one refusing to leave Canada--No injustice therein--As to prematurity, little logic in ordering Minister to desist when latter not proposing to act--At bringing of motion herein, departure order had not changed into deportation order--As in Rajan, application for stay premature.