Date: 19990301
Docket: IMM-886-99
BETWEEN:
WANNAKU RALALAGE AJITH LAKWIJAYA JINADASA
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER AND ORDER
McKEOWN J..
[1] There is a serious issue because of the unusual circumstances of this case. The credibility findings were questioned in some instances but not specified. Accordingly an immigration officer might come to a different conclusion. There has been no risk assessment since the Refugee Board hearing mainly because of the applicant's delay in making the H & C application and failure to make a PDRCC application. However, as McGillis J. stated in Sinnappu v. MCI it is highly undesirable for a judge to engage in examining "the state of the country conditions where the legislative scheme requires immigration officers, who have specialized training and experience in relation to country conditions to make such decisions. McGillis J. also revisited this point at paragraph 15 of Razavi v. Canada. Normally a late H & C application should not be allowed to delay the deportation of an applicant but in the unusual circumstances of this case I am going to issue the stay. There would be irreparable harm to the applicant in preventing his attendance at the H & C hearing which cannot be remedied. I am not in any way trying to review the Refugee Board's decision on appeal.
[2] Since there is irreparable harm and a serious issue the balance of convenience favours the applicant.
[3] The applicant is granted a stay until the H & C application is determined.
"W.P. McKeown"
Judge
TORONTO, ONTARIO
March 1, 1999
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
COURT NO: IMM-886-99
| STYLE OF CAUSE: WANNAKU RALALAGE AJITH LAKWIJAYA JINADASA |
and -
| THE MINISTER OF CITIZENSHIP |
AND IMMIGRATION
DATE OF HEARING: MONDAY, MARCH 1, 1999
PLACE OF HEARING: TORONTO, ONTARIO
REASONS FOR ORDER AND ORDER BY: McKEOWN J.
DATED: MONDAY, MARCH 1, 1999
APPEARANCES: Ms Barbara Jackman
For the Applicant
Ms. Andrea M. Horton
For the Respondent
SOLICITORS OF RECORD: Jackman, Waldman & Associates
Barristers & Solicitors
281 Eglinton Ave. E.
Toronto, Ontario
M4P 1L3
For the Applicant
Morris Rosenberg
Deputy Attorney General
of Canada
For the Respondent
FEDERAL COURT OF CANADA
Date: 19990301
Docket: IMM-886-99
Between:
WANNAKU RALALAGE AJITH LAKWIJAYA JINADASA
Applicant
- and -
| THE MINISTER OF CITIZENSHIP AND IMMIGRATION |
Respondent
REASONS FOR ORDER AND ORDER