Khan v. Canada ( Minister of Citizenship and Immigration )
IMM-617-96
MacKay J.
19/6/96
3 pp.
Application for stay of execution of deportation order-Discretionary jurisdiction of Court under Federal Court Act, s. 18.2-Application for leave and for judicial review before Court-Application for judicial review raising serious issue, question of fair process leading to Minister's determination under Immigration Act, s. 70(5) applicant constitutes danger to public-Applicant precluded from appealing deportation order to Immigration and Refugee Board by operation of s. 70(5)-Statutory right of appeal should not be taken away by Ministerial decision based upon procedural error of significance raising issue of fairness of process-Unique situation creating irreparable harm-Right to appeal deportation order granted by statute not to be denied except in accord with statutory processes and decisions fairly made-Application allowed-Federal Court Act, R.S.C., 1985, c. F-7, s. 18.2 (as enacted by S.C. 1990, c. 8, s. 5)-Immigration Act, R.S.C., 1985, c. I-2, s. 70(5) (as enacted by S.C. 1995, c. 15, s. 13(3)).