Moghaddam v. Canada (Minister of Citizenship and Immigration), (1996) 123 F.T.R. 209 (TD)

• Judge: Lutfy, J.
• Court: Federal Court (Canada)
• Case Date: November 25, 1996
• Jurisdiction: Canada (Federal)
• Citations: (1996), 123 F.T.R. 209 (TD)

Moghaddam v. Can. (M.C.I.) (1996), 123 F.T.R. 209 (TD)

MLB headnote and full text

Mostafa Asgari Moghaddam (applicant) v. The Minister of Citizenship and Immigration (respondent)

(IMM-4278-96)

Indexed As: Moghaddam v. Canada (Minister of Citizenship and Immigration)

Federal Court of Canada

Trial Division

Lutfy, J.

November 27, 1996.

Summary:

The applicant, an Iranian citizen, was determined to be a Convention refugee and later granted permanent residency. In 1996, the Minister of Citizenship and Immi­gration determined, without providing any reasons, that the applicant was a danger to the public in Canada and a depor­tation order was issued against him. The applicant applied to stay the deportation order.

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

Aliens - Topic 1800

Exclusion and expulsion - Deportation of persons in Canada - Deportation order - Stay of - The applicant was granted refu­gee status and later permanent residency - In 1996, the Minister of Citizenship and Immigration determined, without providing reasons, that the applicant, convicted for drug-related offenses, was a danger to the public in Canada - The applicant sought to stay a deport­ation order issued against him - The Federal Court of Canada, Trial Division, granted the stay - The Minister's failure to provide reasons was a serious issue to be tried, particularly in view of a pending appeal on the issue and regardless of the court's diverging views on the issue - The applicant could suffer irreparable harm if deported to Iran based, inter alia, on the facts supporting his suc­cessful refugee claim and present country condi­tions - The balance of convenience favoured a stay - See paragraphs 3 to 9.

Cases Noticed:

Toth v. Minister of Employment and Im­migration (1988), 86 N.R. 302 (F.C.A.), appld. [para. 2].

Williams v. Canada (Minister of Citizen­ship and Immigration) (1996), 121 F.T.R. 212 (T.D.), refd to. [para. 4].

Tsang v. Canada (Minister of Citizenship and Immigration) (1996), 107 F.T.R. 214 (T.D.), refd to. [para. 5, footnote 1].

Gervasoni v. Canada (Minister of Citizen­ship and Immigration) (1996), 110 F.T.R. 297 (T.D.), refd to. [para. 5, footnote 1].

Canales v. Canada (Minister of Citizenship and Immigration) (1996), 114 F.T.R. 281 (T.D.), refd to. [para. 5, footnote 1].

Lindo v. Canada (Minister of Citizenship and Immigration) (1996), 119 F.T.R. 130 (T.D.), refd to. [para. 5, footnote 1].

RJR-MacDonald Inc. et Imperial Tobacco Ltd. v. Canada (Procureur général), [1994] 1 S.C.R. 311; 164 N.R. 1; 60 Q.A.C. 241, folld. [para. 5].

Counsel:

Neil Cohen, for the applicant;

Brian A. Frimeth, for the respondent.

Solicitors of Record:

Neil Cohen, Toronto, Ontario, for the applicant;

George Thomson, Deputy Attorney Gen­eral of Canada, Ottawa, Ontario, for the respondent.

This application was heard in Toronto, Ontario, on November 25, 1996, before Lutfy, J., of the Federal Court of Canada, Trial Division, who rendered the following judgment on November 27, 1996.