Calderon v. Canada ( Minister of Citizenship and Immigration )
IMM-346-95
Simpson J.
14/3/95
11 pp.
Motion for stay of departure order issued following adjudicator's refusal to sever applicant's inquiry from husband's inquiry -- Applicant subject to inquiry on ground overstaying student visa -- Applicant's husband subject to inquiry on ground misrepresenting material fact to obtain landed status-Applicant's inquiry held jointly with spouse's inquiry-Adjudicator refusing to sever applicant's inquiry -- Adjudicator issuing departure order -- Respondent submitting Court lacking jurisdiction to order stay of departure order, not on basis of statutory impediment, but rather on basis of two recent Federal Court, Trial Division decisions: Rajah v. Minister of Employment and Immigration (1993), 69 F.T.R. 71, and Kaler v. Minister of Employment and Immigration (1994), 73 F.T.R. 217 -- In Rajah, Rothstein J. not concluding Court without jurisdiction to stay departure order, but rather declined to issue stay on ground it would block operation of Act of Parliament by expressly preventing deemed change from departure order into deportation order- Similarly, in Kaler, Noël J. not deciding he lacked jurisdiction to stay order but rather decided stay of order premature under circumstances -- Regulations, s. 27(1)(a) clearly indicating Act contemplating stays of departure orders -- Although order to stay departure order constituting extraordinary discretionary remedy to be granted only in special circumstances, such order clearly within Court's jurisdiction -- Immigration Regulations, 1978, SOR/78-172, s. 27(1) (as am. by SOR/93-44, s. 19) -- Immigration Act, R.S.C., 1985, c. I-2.