Jimenez-Beza v. Canada ( Minister of Citizenship and Immigration )
IMM-2788-96
Cullen J.
4/12/96
5 pp.
Application to stay within proceedings, application for leave and judicial review and deportation order until applicant provided with state-funded counsel-Applicant had sought Convention refugee status on basis had deserted Guatemalan army and faced risk of persecution and death should he be returned to Guatemala, country of origin-Convention refugee status never determined but given landed immigrant status-Convicted of number of offences, including aggravated assault and assault wih weapon, for which sentenced to 8 months and 5 months, to be served consecutively-During proceedings to have applicant declared danger to public, latter had difficulty obtaining legal advice and responding within time prescribed-Declared danger to public and ordered deported-Application for stay granted-Serious issue to be tried: deportation may result in cruel and unusual punishment-Applicant could suffer irreparable harm if deported to Guatemala-Balance of convenience, given risk of persecution, weighing heavily in favour of applicant-Given fact deportation order understandably catalyst to action, applicant can be excused for moving "prematurely" to get stay-Stay granted until application for leave heard and, if granted, until judicial review heard and finally determined-Court without jurisdiction to appoint state-funded legal counsel to applicant.