Duggal v. Canada ( Minister of Employment and Immigration )
92-T-1409
MacKay J.
6/11/92
7 pp.
Application for interim stay of execution of exclusion order and removal of applicant from Canada to Delhi pending disposition of application for leave to seek judicial review of exclusion order and of negative decision of credible basis panel -- Applicant citizen of India -- Hindu residing and operating small business in Punjab -- Claiming Sikh extremists robbed store, police not providing protection, but detaining him and forcing him to give false testimony -- When left Punjab for Delhi, house set afire by extremists -- Application dismissed -- Although arguable issues raised in relation to decision of credible basis panel, applicant not suffering irreparable harm if removed from Canada to Delhi -- Affidavit evidence relating to fears for safety if removed to Punjab, but to be removed to Delhi -- No affidavit evidence establishing basis for fear if returned to India outside Punjab -- If leave granted and decision no credible basis for claim to refugee status quashed, respondent responsible for cost of arrangements for applicant's return to Canada -- Federal Court Act, R.S.C., 1985, c. F-7, ss. 18.1 (as am. by S.C. 1990, c. 8, s. 5), 18.2 (as am. idem) -- Immigration Act, R.S.C., 1985, c. I-2, s. 82.1 (as enacted by R.S.C., 1985 (4th Supp.), c. 28, s. 19).