Berhan et al. v. Minister of Employment and Immigration, (1992) 56 F.T.R. 183 (TD)

• Judge: Reed, J.
• Court: Federal Court (Canada)
• Case Date: August 17, 1992
• Jurisdiction: Canada (Federal)
• Citations: (1992), 56 F.T.R. 183 (TD)

Berhan v. MEI (1992), 56 F.T.R. 183 (TD)

MLB headnote and full text

Said Haji Mohamed Berhan, Zeineb Ferj, Hanan Berhan, Birhan Berhan, Hany Berhan, Bedir Berhan, Budor Berhan (applicants) v. The Minister of Employment and Immigration (respondent)

(T-1197-92)

Indexed As: Berhan et al. v. Minister of Employment and Immigration

Federal Court of Canada

Trial Division

Reed, J.

August 19, 1992.

Summary:

The applicants applied for a stay of a deportation order.

The Federal Court of Canada, Trial Divi­sion, dismissed the application on the ground that it lacked jurisdiction.

Aliens - Topic 1800

Exclusion and expulsion - Deportation of persons in Canada - Deportation order - Stay of - The Immigration and Refugee Appeal Board determined the applicant citizens of Ethiopia not to be Convention refugees - A deportation order was issued - The applicants applied to reopen the Convention refugee decision and sought a stay pending the decision - The Federal Court of Canada, Trial Division, dismissed the application for a stay - The court lacked jurisdiction where the validity of the order itself was not attacked and there was no proceeding for judicial review or any leave application under s. 18.2 of the Federal Court Act.

Cases Noticed:

Membreno-Garcia v. Minister of Employ­ment and Immigration (1992), 55 F.T.R. 104 (T.D.), refd to. [para. 5].

Hosein v. Minister of Employment and Immigration (1992), 53 F.T.R. 86 (T.D.), refd to. [para. 5].

Dugonitsch v. Minister of Employment and Immigration (1992), 53 F.T.R. 314 (T.D.), refd to. [para. 5].

Khan v. Minister of Employment and Immigration (1992), 53 F.T.R. 158 (T.D.), refd to. [para. 5].

Lodge et al. v. Minister of Employment and Immigration (1979), 25 N.R. 437 (F.C.A.), appld. [para. 6].

Donkor v. Minister of Employment and Immigration (1988), 96 N.R. 27; 7 Imm. L.R.(2d) 165 (F.C.A.), appld. [para. 6].

Asumadu v. Minister of Employment and Immigration (1988), 113 N.R. 150 (F.C.A.), appld. [para. 6].

Statutes Noticed:

Federal Court Act, R.S.C. 1985, c. F-7, sect. 18.2 [para. 5].

Counsel:

C. De Silva, for the applicant;

J.C. Healy, for the respondent.

Solicitors of Record:

Downsview Community Legal Services, Downsview, Ontario, for the applicant;

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

This application was heard on August 17, 1992, at Ottawa, Ontario, before Reed, J., of the Federal Court of Canada, Trial Division, who delivered the following judgment on August 19, 1992.