Sholev v. Canada ( Minister of Employment and Immigration )
IMM-2367-94
MacKay J.
17/5/94
6 pp.
Motion for order granting stay of execution of removal order or motion for extension of time to commence application for leave and for judicial review in regard to Convention Refugee Determination Division's (CRDD) decision applicant not Convention refugee -- Purpose of Immigration Act, s. 49(1)(c)(i), to provide by statute for stay of removal of person applying for leave to seek judicial review of negative decision in regard to claim to be Convention refugee -- Removal of person who availed himself or herself of only process available to question negative decision on claim to be refugee, unfair before disposition of application for judicial review -- Stay of execution of removal order becoming effective by operation of s. 49(1)(c)(i) of Act once applicant files in Federal Court application for leave and for judicial review, even if filed beyond 15-day period ordinarily provided by s. 82.1(2) for filing application for extension of time -- Inconsistent to construe s. 49(1)(c)(i) as not providing for stay of execution of removal order once application is before Court by filing, pending determination of whether special reasons for extension warrant commencement of proceedings -- Immigration Act, R.S.C., 1985, c. I-2, ss. 49(1)(c)(i) (as am. by S.C. 1992, c. 49, s. 41), 82.1(2) (as enacted by R.S.C., 1985 (4th Supp.), c. 28, s. 19; S.C. 1990, c. 8, s. 53; 1992, c. 49, s. 73).