CITIZENSHIP AND IMMIGRATION
Immigration Practice
Application for stay of removal pending disposition of judicial review—Applicant, Grenadian, filed humanitarian and compassionate (H&C) application—That application based in large part on applicant's establishment in Canada through businesses, family, community—Tri‑partite test applied—Applicant raising serious issue as to best interests of nephews (loss of emotional, financial support)—Loss of applicant's businesses; emotional, financial hardship to nephews, fiancée, sister if applicant removed constituting irreparable harm (i.e. harm neither curable nor compensable in damages)—Balance of convenience favouring applicant as established serious issue, irreparable harm—Due to unusual, exceptional circumstances, removal order deferred pending determination of H&C application—Application allowed.
Natoo v. Canada (Minister of Public Safety and Emergency Preparedness) (IMM‑1341‑07, 2007 FC 402, Shore J., judgment dated 17/4/07, 19 pp.)