CITIZENSHIP AND IMMIGRATION |
Immigration Practice |
Del Milagro v. Canada (Minister of Citizenship and Immigration)
IMM-7907-03
2003 FC 1196, Gibson J.
15/10/03
4 pp.
Motion for stay of implementation of removal order issued against applicants--Applicants seeking review of direction to report for removal issued against them--Applicant Artavia Mendez Jorge Arturo having outstanding charge of assault in Criminal Courts of Ontario--Immigration and Refugee Protection Act, s. 50(a) equivalent to, but not identical to, Immigration Act, s. 50(1)(a)--Latter interpreted as precluding execution of removal order where subject of order faces outstanding criminal charge unless charge first stayed or withdrawn--Material before Court on motion including statutory declaration of "Expulsion Officer" in respondent's Ministry--Removal from Canada of persons such as applicants, against their will, matter of great significance to such persons--Evidence of agreement between respondent and Attorney General of province criminal charges will be withdrawn, stayed on removal of applicants from Canada under Immigration and Refugee Protection Regulations, s. 234(a) insufficient--Agreement should be unconditional, evidenced in writing--Evidence should be properly before Court where respondent takes position Immigration and Refugee Protection Act, s. 50(a) does not operate to stay removal of person such as applicant, Artavia Mendez Jorge Arturo--Removal of applicants stayed until October 31, 2003--In all other respects, motion for stay of removal pending final determination of application for judicial review on which stay application based adjourned, sine die-- Immigration and Refugee Protection Act, S.C. 2001, c. 27, s. 50(a)--Immigration Act, R.S.C., 1985, c. I-2, s. 50(1)-- Immigration and Refugee Protection Regulations, SOR/2002-227, s. 234(a).