Bal v. Minister of Employment and Immigration, (1993) 63 F.T.R. 226 (TD)

• Judge: Noël, J.
• Court: Federal Court (Canada)
• Case Date: April 05, 1993
• Jurisdiction: Canada (Federal)
• Citations: (1993), 63 F.T.R. 226 (TD)

Bal v. MEI (1993), 63 F.T.R. 226 (TD)

MLB headnote and full text

Sukhjinder Singh Bal, Kanwar Harpinderdeep Singh Bal and Kanwar Balram Singh Bal (applicants) v. The Minister of Employment and Immigration (respondent)

(IMM-1212-93)

Indexed As: Bal v. Minister of Employment and Immigration

Federal Court of Canada

Trial Division

Noël, J.

April 7, 1993.

Summary:

A Canadian citizen adopted his two neph­ews, aged 10 and 16, who were aliens and were the subject of a deportation order. The uncle then sponsored an application by the nephews for permanent residence in Canada on humanitarian grounds. The application was denied. The aliens then applied for a stay of the deportation order pending an application for leave to appeal the denial of the application by the aliens for permanent residence on humanitarian grounds.

The Federal Court of Canada, Trial Divi­sion, allowed the application.

Aliens - Topic 1800

Expulsion - Deportation of persons in Canada - Deportation order, stay of - Two aliens, aged 10 and 16, who were the subjects of a deportation order, applied for permanent residence in Canada on human­itarian grounds - The application was denied and the aliens applied for leave to appeal the denial - The aliens then applied for a stay of the deportation order pending the application for leave to appeal - The Federal Court of Canada, Trial Division, granted the stay - The court referred to divided authority on the court's jurisdiction to grant such a stay - The court stated that where its jurisdiction is an open question then the interests of justice is a valid con­sideration (see paragraph 16).

Courts - Topic 2018

Jurisdiction - Interests of justice, applica­tion of - [See Aliens - Topic 1800 ].

Equity - Topic 5

General - Interests of justice, application of - [See Aliens - Topic 1800 ].

Cases Noticed:

Toth v. Minister of Employment and Im­migration (1988), 86 N.R. 302 (F.C.A.), refd to. [para. 11].

Paul et al. v. Minister of Employment and Immigration (1993), 61 F.T.R. 111, refd to. [para. 15].

Seegobin v. Minister of Employment and Immigration (1993), 59 F.T.R. 310, refd to. [para. 15].

Hosein v. Minister of Employment and Immigration (1992), 53 F.T.R. 86, refd to. [para. 15].

Hamilton v. Minister of Employment and Immigration (1990), 36 F.T.R. 167; 11 Imm. L.R.(2d) 225, refd to. [para. 15].

Khan v. Minister of Employment and Immigration (1992), 58 F.T.R. 98, refd to. [para. 15].

Counsel:

Darryl Larson, for the applicants;

Wayne Garnons-Williams, for the respon­dent.

Solicitors of Record:

Larson & Zutter, Vancouver, British Co­lumbia, for the applicants;

John C. Tait, Q.C., Deputy Attorney Gen­eral of Canada, Ottawa, Ontario, for the respondent.

This application was heard in Vancouver, British Columbia, on April 5, 1993, before Noël, J., of the Federal Court of Canada, Trial Division, who delivered the following decision on April 7, 1993.