Cirahan v. Canada ( Minister of Citizenship and Immigration )
IMM-1650-97
Muldoon J.
31/10/97
7 pp.
Application for stay of execution of departure order issued after Convention Refugee Determination Division (CRDD) deciding applicant abandoning claim to Convention refugee status-Applicant not filing Personal Information Form (PIF) in timely manner, not providing good reason for delay-CRDD not believing applicant, having been in Canada for 10 years, not knowing what was expected of him-Decision not supported by relevant evidence, but simply inferred by length of stay in Canada that should have received notice of PIF, abandonment hearing-Applicant, wife, child Convention refugee claimants-Applicant's brother, sisters all found to be Convention refugees-No reason to believe applicant will not also be so found-Serious issue to be tried-CRDD continuing hearing when applicant specifically requesting interpreter, clearly having difficulty understanding questions posed-During hearing CRDD member conceding applicant's status in Canada "blurry", yet CRDD continuing hearing-CRDD failed in ongoing duty to accord to applicant fair hearing-Validity of deportation order not challenged-Case law divided as to Court's jurisdiction to stay execution of removal order in such circumstances-As general principle, execution should not be thwarted if valid removal order-Only circumstance in which one must not blindly adhere to that principle is one of maladministration or injustice-Unfair to deport or otherwise remove person upon valid or unchallenged removal order in circumstances in which treated unlawfully or unjustly-Constituting maladministration, ground for staying or quashing instrument of injustice, even if quite valid per se-Court's business, raison d'être, justice-Applicant not believed for reason only ought to know that which could not know-Denied services of interpreter when ought to have been granted adjournment to obtain such services-Unjust treatment-Resulted from too rigid, rushed performance by CRDD panel-Motion allowed ex debito justitiae.