CITIZENSHIP AND IMMIGRATION |
Exclusion and Removal |
Removal of Permanent Residents |
Beaumont v. Canada (Minister of Citizenship and Immigration)
IMM-5710-01
2002 FCT 1261, Snider J.
5/12/02
12 pp.
Judicial review of decision of Immigration Appeal Division (IAD) to lift stay against execution of deportation order against applicant--Applicant permanent resident of Canada, convicted of trafficking in narcotics--Consequent immigra-tion inquiry resulting in deportation order--Applicant appealing decision to IAD pursuant to Immigration Act, s. 70(1)(b) on ground that "having regard to all the circumstan-ces of the case, the person should not be removed from Canada"--IAD ordering stay of deportation order for three years subject to listed terms and conditions--Subsequently extending stay for further two years notwithstanding two violations of terms and conditions--Stay again extended additional two years--Terms and conditions amended--IAD deciding on oral review that stay should be cancelled, appeal dismissed, removal order executed--Finding breaches of requirements to report and take medications--IAD required to again consider all circumstances of case but failing to do so--Decision focussing solely on applicant's alleged failure to comply with terms and conditions of stay--Not mentioning multiple other factors--IAD committing reviewable error by ignoring relevant evidence--Committing reviewable error-- Finding of fact patently unreasonable--IAD ignoring mitigating evidence and explanation why terms and conditions breached--Improperly ignoring prescription as evidence of medical treatment--Application allowed--Immigration Act, R.S.C., 1985, c.1-2, s. 70(1)(b) (as am. by R.S.C., 1985 (4th Supp.), c. 28, s. 18; S.C. 1995, c. 15, s. 13).