PRACTICE |
Judgments and Orders |
Stay of Execution |
Guerra-Parrales v. Canada (Minister of Citizenship and Immigration)
IMM-5489-01
2001 FCT 1345, Rouleau J.
6/12/01
6 pp.
Application to stay deportation order to be executed December 5, 2001--Applicant to be returned to Ecuador-- Applicant coming to Canada as landed immigrant accompanying parents in 1974--Convicted in 1991 of trafficking in narcotics, sentenced to 5 years, 9 months of imprisonment, but released on parole in 1992--In 1994, further narcotics offence occurred giving rise to sentence of 2 years, 9 months of imprisonment--In October 2001, counsel for applicant filed motion with Appeal Division of Immigration and Refugee Board to reopen matter--Affidavit evidence indicating applicant drug-free since 1997--Motion denied by Appeal Division--Appeal Division erred in law in concluding no requirement for it to provide reasons-- Circumstances herein changed considerably since review of 1997--Fairness alone requiring Appeal Board reopen matter --Applicant met three-prong test of serious issue, balance of convenience, irreparable harm--Application granted.