CITIZENSHIP AND IMMIGRATION |
Exclusion and Removal |
Inadmissible Persons |
Oberlander v. Canada (Attorney General)
T-1505-01
2002 FCT 771, Kelen J.
11/7/02
10 pp.
Motion for order to stay continuation of inquiry--Applicant found by this Court to have obtained Canadian citizenship by false representation or by knowingly concealing material circumstances--Subsequently Governor in Council by Order in Council, revoking Canadian citizenship--Applicant seeking judicial review of that decision--Report under Immigration Act, s. 27 issued alleging applicant person described in s. 27(2)(i), i.e. person who had ceased to be Canadian citizen-- Direction for inquiry issued, inquiry commenced--Present motion seeking stay of that inquiry pending resolution of application for judicial review--Application of three-part test for stay--(1) Application for judicial review not raising serious issue--Citizenship Act, s. 10 specifically contempla-ting revocation of citizenship where person obtained citizenship by false representation or by knowingly concealing material circumstances--Applies to applicant-- Order in Council legal, valid--Reasons for decision obviously based upon 50-page decision of Federal Court concluding citizenship obtained by reason of false representations or by knowingly concealing material circumstances--No material facts alleged supporting serious argument applicant not accorded fairness or that Order in Council revoking citizenship unreasonable--(2) No clear evidence of irreparable harm--Arguable case raised with respect to "domicile" under Immigration Act, s. 123, which could prevent issuance of deportation order--If no deportation order issued, no stay will be necessary--If deportation order issued, legal right to seek leave for judicial review of deportation order--Speculative to say deportation order will be issued-- Alternatively, natural consequences of deportation, i.e. dislocation, separation from family not meeting requirements of irreparable harm: Melo v. Canada (Minister of Citizenship and Immigration) (2000), 188 F.T.R. 39 (F.C.T.D.)--No clear evidence applicant will suffer some prejudice beyond that inherent in notion of deportation itself--Deportation naturally accompanied by "enforced separation and heartbreak"--Such stress not constituting irreparable harm--Application dismissed--Citizenship Act, R.S.C., 1985, c. C-29, s. 10--Immigration Act, R.S.C., 1985, c. I-2, ss. 27 (as am. by R.S.C., 1985 (3rd Supp.), c. 30, s. 4; S.C. 1992, c. 47, s. 78; c. 49, s. 16; 1995, c. 15, s. 5), 123.