CITIZENSHIP AND IMMIGRATION |
Exclusion and Removal |
Removal of Refugees |
Mikhailov v. Canada (Minister of Citizenship and Immigration)
IMM-4265-99
Nadon J.
29/3/00
8 pp.
Motion for stay of execution of applicants' removal to United States--Applicants submitting statutory stay applies under Immigration Act, s. 49 (1)(c)(i)--Applicants, Russian citizens, left country on December 14, 1998, arrived in New York on same day--Stayed seven days in Miami, returned to New York for three more days--Arrived in Canada on December 24, 1998, claimed refugee status at border--Whether applicants fall within exception to statutory stay provisions set out at Act, s. 49(1.1)(a), whether sojourned in United States--Applicants characterizing 10-day period spent in United States as being "in transit" to Canada, time period not amounting to sojourn under Immigration Act--Concept of sojourning as expressed in s. 49(1.1)(a) having no intentional component--Usual meaning of sojourn temporary stay in place, regardless of individual's intention, particular reasons for stay--Applicants' stay in United States could not be qualified as being "in transit"--Applicants falling within exception of s. 49(1.1)(a)--Will not suffer irreparable harm if removed to United States--Motion dismissed--Immigration Act, R.S.C., 1985, c. I-2, ss. 49(1) (as am. by S.C. 1992, c. 49, s. 41), (1.1) (as enacted idem).