CITIZENSHIP AND IMMIGRATION |
Exclusion and Removal |
Removal of Visitors |
Cassells v. Canada (Minister of Citizenship and Immigration)
A-452-99
Décary J.A.
16/11/00
4 pp.
Appeal from Trial Division decision ([1999] 4 F.C. D-19) issuing certified question: whether deportation order against person executed when Minister causing person to be removed from Canada while deportation order subject of statutory stay--Deportation order issued against appellant on May 19, 1995--Appellant removed from Canada April 29, 1998--On June 8, 1998, Ontario Court, General Division issuing injunction ordering return of appellant to Canada on basis summons acts as statutory stay upon deportation orders, deportation of appellant illegal--Upon return to Canada, appellant banned from making refugee claim under Immigration Act, s. 44(1)--Deportation order not executed under s. 44(1)--Execution of deportation order found to be illegal, not deportation order itself--Certified question answered in negative, appeal dismissed--Immigration Act, R.S.C., 1985, c. I-2, s. 44(1) (as am. by S.C. 1992, c. 49, s. 35).