Daw v. Canada ( Minister of Employment and Immigration )
92-T-1427
Dubé J.
16/9/92
4 pp.
Application for order staying execution of exclusion orders -- Applicant entered Canada as visitor -- Application for Convention refugee status denied at first level hearing and on appeal -- Receiving $30,000 in social assistance for previous 20 months -- Deportation order based on membership in inadmissible class (person who there are reasonable grounds to believe will be unable to support self) and remaining in Canada after ceased being visitor -- Application dismissed -- No serious issue to be tried -- Applicant admits need of financial support and therefore inability to support himself without assistance -- Convention refugee claimant not securing privileged classification, which status maintained after application denied -- According to Immigration Act, s. 2 "visitor" meaning person lawfully in Canada, or seeking to come into Canada for temporary purpose -- Once time for visit expires, ceases to be visitor and no longer lawfully in Canada -- Immigration Act, R.S.C., 1985, c. I-2, s. 2(1).