Stocking v. Canada ( Minister of Citizenship and Immigration )
IMM-5331-97
Nadon J.
6/7/98
12 pp.
Application to set aside Appeal Division decision of December 1997 cancelling stay of deportation order following October 1997 hearing-Applicant landed immigrant convicted of first degree murder in 1983 and sentenced to life imprisonment with no possibility of parole for 25 years-Deportation order made against applicant-Appeal Division stayed execution of deportation order for 5 years after applicant's release from incarceration on full parole-In August 1997, Minister applied for order amending terms of stay imposed by Appeal Division-Parties notified Minister's application would be heard in October 1997-Application allowed-Rules of natural justice breached-Two matters set down for October 1997 hearing: Minister's application to amend terms of stay and, secondly, oral review ordered by Appeal Division to determine whether applicant had complied with terms of stay order-Appeal Division intended to ascertain whether applicant had complied with terms of stay-Appeal Division's decision stating unequivocally applicant had not breached terms and conditions of stay-That should have been sufficient to dispose of issue before Appeal Division in October 1997-Concluded stay should nevertheless be cancelled because applicant's future in Canada did not seem promising-Natural justice requiring decision be set aside-If Board wished to review original stay, had jurisdiction to do so, however, natural justice requiring applicant be notified of Board's intent and be given opportunity to respond-At no time prior to hearing did Minister request oral review take place-In fact, presiding member decided to hold oral review-Review of hearing transcript revealing applicant did not waive right to raise natural justice issue.