Digests

Decision Information

Decision Content

Stocking v. Canada ( Minister of Citizenship and Immigration )

IMM-5331-97

Nadon J.

6/7/98

12 pp.

Application to set aside Appeal Division decision of December 1997 cancelling stay of deportation order following October 1997 hearing-Applicant landed immigrant convicted of first degree murder in 1983 and sentenced to life imprisonment with no possibility of parole for 25 years-Deportation order made against applicant-Appeal Division stayed execution of deportation order for 5 years after applicant's release from incarceration on full parole-In August 1997, Minister applied for order amending terms of stay imposed by Appeal Division-Parties notified Minister's application would be heard in October 1997-Application allowed-Rules of natural justice breached-Two matters set down for October 1997 hearing: Minister's application to amend terms of stay and, secondly, oral review ordered by Appeal Division to determine whether applicant had complied with terms of stay order-Appeal Division intended to ascertain whether applicant had complied with terms of stay-Appeal Division's decision stating unequivocally applicant had not breached terms and conditions of stay-That should have been sufficient to dispose of issue before Appeal Division in October 1997-Concluded stay should nevertheless be cancelled because applicant's future in Canada did not seem promising-Natural justice requiring decision be set aside-If Board wished to review original stay, had jurisdiction to do so, however, natural justice requiring applicant be notified of Board's intent and be given opportunity to respond-At no time prior to hearing did Minister request oral review take place-In fact, presiding member decided to hold oral review-Review of hearing transcript revealing applicant did not waive right to raise natural justice issue.

 You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.