Shchelkanov v. Canada ( Minister of Employment and Immigration )
IMM-1515-94
Strayer J.
12/4/94
9 pp.
Application for stay of deportation order-Applicant's, former Soviet sailor, refugee application dismissed resulting in unconditional deportation order-Application for leave and for judicial review in respect of alleged refusal to consider application under Immigration Act, s. 114(2), seeking in effect mandamus to require decision-Applicant did not demonstrate irreparable harm-Court should not grant stay of deportation pending determination of judicial review where judicial review pending herein not attack on deportation order but rather attack on Minister's action in respect of application for discretionary decision in applicant's favour pursuant to s. 114(2)-Decision remaining and treated like valid order-According to s. 48 of Act, obligation to execute order "as soon as reasonably practicable"-Nowhere in Act execution of order made subject to proper completion of consideration of application for exceptional discretionary treatment for deportee if such has been filed under s. 114(2)-Based on power now defined in Federal Court Act, s. 18.2 not appropriate to stay execution of valid order made by adjudicator-Appropriate to issue interlocutory injunctions or stays only when allegation defendant or respondent doing something unlawful-Stay of deportation refused-Immigration Act, R.S.C., 1985, c. I-2, s. 114(2) (as am. by S.C. 1992, c. 49, s. 102)-Federal Court Act, R.S.C., 1985, c. F-7, s. 18.2 (as enacted by S.C. 1990, c. 8, s. 5).