Digests

Decision Information

Decision Content

[2013] 4 F.C.R. D-1

Citizenship and Immigration

Immigration Practice

Application for interlocutory injunction enjoining Immigration and Refugee Board Refugee Protection Division (RPD) from proceeding with hearing on application to vacate refugee protection—Applicant granted refugee protection in 2006—Minister later finding out applicant convicted (in absentia) for drug trafficking in Albania, seeking to have applicant’s refugee protection vacated on basis of material misrepresentation—Applicant denying everything, asking RPD to stay Minister’s application—RPD refusing to do so—Present instance rare case where RPD should be enjoined, for reasonable period of time, from proceeding—RPD fettering its discretion—Applicant having right, as matter of fundamental justice, to be given reasonable opportunity to obtain documents clearing his name—Interlocutory injunction granted.

Doresi v. Canada (Citizenship and Immigration) (IMM-3189-13, 2013 FC 530, Harrington J., judgment dated May 22, 2013, 7 pp.)

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