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.