Darboe v. Canada ( Minister of Citizenship and Immigration )
IMM-4182-96
Teitelbaum J.
19/11/96
4 pp.
Application for stay of removal order until after disposition of application for leave, judicial review of immigration officer's decision issuing direction to report for removal-Applicant directed to report for removal November 21-Immigration Act, s. 50(1)(a) prohibiting execution of removal order where would result in contravention of judicial order-Ontario Court (General Division) ordering applicant to appear on November 27 for trial of criminal charge of "Attempt Fraud Over"-Crown (in right of Province) prepared to withdraw charge "on receiving confirmation" applicant "has been removed"-Leon v. Canada (Minister of Citizenship and Immigration), IMM- 2894-96, MacKay J., order dated 28/8/96, F.C.T.D., not yet reported, distinguished-Pursuant to s. 50(1)(a), so long as order to report before Ontario Court (General Division) for alleged criminal activity validly existing, removal order cannot be executed-Application for stay allowed for so long as applicant subject to Court order requiring appearance-If criminal charges withdrawn, stay annulled-Immigration Act, R.S.C., 1985, c. I-2, s. 50(1)(a).