Kanes v. Canada ( Minister of Employment and Immigration )
IMM-1918-93
Reed J.
28/9/93
5 pp.
Application to stay CRDD proceedings pending disposition of application challenging decision of Backlog Office-In 1992 applicant found to have credible basis for refugee status claim-As member of backlog entitled to apply for permanent residence without proceeding to full hearing of claim by CRDD-Need only prove existence of some credible or trustworthy evidence on basis of which CRDD might find in applicant's favour-To succeed before CRDD applicant must convince tribunal in fact Convention refugee-Application for landing dated June 1992 denied in April 1993-Application for leave to have that decision judicially reviewed, as made by reference to changes in law occurring on February 1, 1993, instead of by reference to ealier legislative provisions, granted-Application for stay granted-Serious issue before Court as leave to proceed with judicial review granted-Court's authority to make interim orders pursuant to Federal Court Act, s. 18.2 including authority to stay proceedings of tribunal when Court considering it appropriate to do so-Heavier burden of proof if stay not granted constituting irreparable harm to applicant-Balance of convenience favouring applicant-Stay of CRDD proceedings neither opening floodgates nor setting precedent which seriously undermines operation of system-Immigration Act, R.S.C., 1985, c. I-2, s. 69.1 (as enacted by R.S.C., 1985 (4th Supp.), c. 28, s. 18)-Federal Court Act, R.S.C., 1985, c. F-7, s. 18.2 (as enacted by S.C. 1990, c. 8, s. 5).