Digests

Decision Information

Decision Content

CITIZENSHIP AND IMMIGRATION

Immigration Practice

Judicial review of decision by Immigration Appeal Division (IAD) granting Minister’s application to cancel stay of deportation—Applicant, agressive paranoid schizophrenic, convicted of numerous crimes—IAD finding applicant would be released from medium security mental health centre into community, likely to re-offend—Holding lacked jurisdiction to order applicant to report to IAD for reassessment upon discharge—IAD misapprenhending jurisdiction bestowed upon it by Immigration and Refugee Protection Act, S.C. 2001, c. 27—S. 68(2)(a) allowing tribunal to impose any condition it considers necessary when granting stay of removal order—Application allowed.

Williams v. Canada (Minister of Citizenship and Immigration) (IMM-7519-05, 2006 FC 1402, Rouleau J., judgment dated 20/11/06, 10 pp.)

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