Can. (M.C.I.) v. Atwal, (2004) 330 N.R. 300 (FCA)
Court | Federal Court of Appeal (Canada) |
Case Date | December 13, 2004 |
Jurisdiction | Canada (Federal) |
Citations | (2004), 330 N.R. 300 (FCA);2004 FCA 427 |
Can. (M.C.I.) v. Atwal (2004), 330 N.R. 300 (FCA)
MLB headnote and full text
Temp. Cite: [2005] N.R. TBEd. JA.006
Iqbal Singh Atwal (appellant) v. Minister of Citizenship and Immigration (respondent)
(A-298-04; 2004 FCA 427)
Indexed As: Canada (Minister of Citizenship and Immigration) v. Atwal
Federal Court of Appeal
Richard, C.J.
December 14, 2004.
Summary:
Atwal moved to stay a removal pending his appeal from an order of the Federal Court wherein the Minister of Citizenship and Immigration's application for judicial review of a decision of the Immigration Appeal Division was allowed and a question certified (see 245 F.T.R. 170).
The Federal Court of Appeal, per Richard, C.J., dismissed the application.
Aliens - Topic 1800
Exclusion and expulsion - Deportation and exclusion of persons in Canada - Deportation or removal order - Stay of - Atwal moved to stay a removal pending his appeal from an order of the Federal Court wherein the Minister of Citizenship and Immigration's application for judicial review of a decision of the Immigration Appeal Division was allowed and a question certified - The Federal Court of Appeal, per Richard, C.J., dismissed the application - The court noted that a question had been certified on an issue of law giving rise to a serious issue to be tried - However, there was no evidence of irreparable harm and the balance of any inconvenience which Atwal might suffer because of his removal from Canada did not outweigh the public interest which the Minister sought to maintain in the application of the Immigration and Refugee Protection Act, specifically, her interest in executing a deportation order as soon as reasonably practicable.
Cases Noticed:
Melo v. Canada (Minister of Citizenship and Immigration) (2000), 188 F.T.R. 39 (T.D.), refd to. [para. 16].
Selliah et al. v. Canada (Minister of Citizenship and Immigration), [2004] N.R. Uned. 132; 2004 FCA 261, refd to. [para. 17].
Counsel:
Barbara Jackman, for the appellant;
Hadayt Nazami, for the respondent.
Solicitors of Record:
Jackman & Associates, Toronto, Ontario, for the appellant;
Morris Rosenberg, Deputy Attorney General of Canada, Ottawa, Ontario, for the respondent.
This appeal was heard by way of conference call on December 13, 2004, before Richard, C.J., of the Federal Court of Appeal, who delivered the following decision on December 14, 2004.
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Table of cases
...FC 774 ................................................................ 419, 446 Atwal v Canada (Minister of Citizenship and Immigration), 2004 FCA 427 .............................................................................................. 356 Auton (Guardian ad litem of) v British C......
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Appeals and Judicial Remedies
...12. 148 Ali v Canada (Minister of Citizenship and Immigration) , 2007 FC 751; Atwal v Canada (Minister of Citizenship and Immigration) , 2004 FCA 427; Thanabalasingham v Canada (Minister of Public Safety and Emergency Preparedness) , 2006 FC 486. 149 [2000] FCJ No 403 at para 21 (TD). 150 S......
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Jozsefne v. Canada (Minister of Public Safety and Emergency Preparedness) et al., 2008 FC 1411
...N.R. Uned. 132; 132 A.C.W.S.(3d) 547; 2004 FCA 261, refd to. [para. 42]. Canada (Minister of Citizenship and Immigration) v. Atwal (2004), 330 N.R. 300; 136 A.C.W.S.(3d) 109; 2004 FCA 427, refd to. [para. Serban Mihai Tismanariu, for the applicant; Isabelle Brochu, for the respondent. Solic......
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Oyadeyi v. Canada (Citizenship and Immigration),
...that the extraordinary remedy of a stay of removal is warranted” (Atwal v Canada (Minister of Citizenship and Immigration), 2004 FCA 427, para 14 [Atwal]). The “irreparable harm” prong of the test was not met in that case as “the appellant’s materials cont......
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Jozsefne v. Canada (Minister of Public Safety and Emergency Preparedness) et al., 2008 FC 1411
...N.R. Uned. 132; 132 A.C.W.S.(3d) 547; 2004 FCA 261, refd to. [para. 42]. Canada (Minister of Citizenship and Immigration) v. Atwal (2004), 330 N.R. 300; 136 A.C.W.S.(3d) 109; 2004 FCA 427, refd to. [para. Serban Mihai Tismanariu, for the applicant; Isabelle Brochu, for the respondent. Solic......
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Oyadeyi v. Canada (Citizenship and Immigration),
...that the extraordinary remedy of a stay of removal is warranted” (Atwal v Canada (Minister of Citizenship and Immigration), 2004 FCA 427, para 14 [Atwal]). The “irreparable harm” prong of the test was not met in that case as “the appellant’s materials cont......
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Ledshumanan v. Canada (Public Safety and Emergency Preparedness), 2021 FC 1463
...period, such that the extraordinary remedy of a stay of removal is warranted (Atwal v Canada (Minister of Citizenship and Immigration), 2004 FCA 427 [Atwal] at para 14). As in any stay application, the burden lies on the moving party (Canada (Attorney General) v Bertrand, 2021 FCA 103 at pa......
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Pierre v. Canada (Public Safety and Emergency Preparedness), 2020 FC 887
...Church v Canada (National Revenue), 2013 FCA 126 [Gateway City Church] at para 15; Singh Atwal v Canada (Citizenship and Immigration), 2004 FCA 427 [Atwal] at para Rather, it must be shown that there is a real likelihood of irreparable harm if the stay is not granted (Gateway City Church at......
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Table of cases
...FC 774 ................................................................ 419, 446 Atwal v Canada (Minister of Citizenship and Immigration), 2004 FCA 427 .............................................................................................. 356 Auton (Guardian ad litem of) v British C......
-
Appeals and Judicial Remedies
...12. 148 Ali v Canada (Minister of Citizenship and Immigration) , 2007 FC 751; Atwal v Canada (Minister of Citizenship and Immigration) , 2004 FCA 427; Thanabalasingham v Canada (Minister of Public Safety and Emergency Preparedness) , 2006 FC 486. 149 [2000] FCJ No 403 at para 21 (TD). 150 S......