CITIZENSHIP AND IMMIGRATION |
Exclusion and Removal |
Removal of Refugees |
Obasohan v. Canada (Minister of Citizenship and Immigration)
IMM-694-01
2001 FCT 92, MacKay J.
16/2/01
7 pp.
Motion to stay execution of removal order against applicant by immigration enforcement officer--Based, inter alia, on irreparable harm to applicant's infant born in Canada on July 20, 1999--Applicant, citizen of Nigeria, entered Canada on June 18, 1995, claimed Convention refugee status upon arrival at Pearson International Airport --Claim rejected by Immigration and Refugee Board--In June 1999, applicant married Joseph Disi, citizen of Nigeria, who was granted permanent resident status in Canada--Disi father of applicant's daughter--Due to unusual circumstances of case, motion for stay granted--Despite best efforts of immigration officials, interests of Canadian child not sufficiently considered--Serious issue raised, namely circumstances in which removal officer must account for interests of Canadian infant--Irreparable harm will occur in interim should child be removed to Nigeria with mother--Interests of infant child inseparably linked with those of applicant--Pending full consideration of serious issue, earlier full consideration of child's interests, applicant, daugther de facto inseparable--Motion for stay of execution of removal order granted pending determination of applicant's application for leave and for judicial review, earlier determination of humanitarian, compassionate considerations affecting interests of infant child.