Silva v. Canada ( Minister of Citizenship and Immigration )
IMM-2450-96
Gibson J.
15/8/96
7 pp.
Application to stay execution of deportation order based on application for leave and for judicial review of decision appealed to Appeal Division (tribunal) of Immigration and Refugee Board-Respondent issuing opinion under Immigration Act, s. 70(5) applicant danger to public in Canada-Applicant prohibited by s. 70(5) from making appeal to tribunal-S. 70(5) applicable to appeal by virtue of transitional provision-Act, s. 49(1)(b) providing for stay of execution of removal order, including deportation order, where appeal against order outstanding before tribunal-Whether dangerousness opinion of Minister under s. 70(5) lifts statutory stay arising from s. 49(1)(b), where transitional provision applies, serious issue to be tried-Statutory stay lifted when tribunal has "heard and disposed of " appeal or has declared appeal to be abandoned-Balance of convenience favouring stay of deportation where determination of serious issue would result in respondent having acted contrary to law-No major attachment of applicant to Canada other than through lapse of time-No basis to conclude applicant would suffer irreparable harm if removed from Canada-Application dismissed-Immigration Act, R.S.C., 1985, c. I-2, ss. 49(1)(b) (as am. by S.C. 1992, c. 49, s. 41), 70(5) (as enacted by S.C. 1995, c. 15, s. 13).