CITIZENSHIP AND IMMIGRATION |
Exclusion and Removal |
Removal of Refugees |
Csonka v. Canada (Minister of Citizenship and Immigration)
IMM-1448-00
Lemieux J.
5/5/00
3 pp.
Application for stay of execution of departure order on ground negative PDRCC decision received by applicant on 23/2/00, but without any reasons--Respondent's affidavit filed in opposition to stay application contained reasons underlying negative PDRCC decision (analysis of Post- Claim Determination Officer dated 21/1/00)--Applicant therefore received basis for negative decision day stay application to be heard--In light of Baker v. Canada (Minister of Citizenship and Immigration), [1999] 2 S.C.R. 817, receiving, on day of stay application, reasons for decision of respondent's negative PDRCC decision at heart of stay application and leave application, prejudiced applicant in realistically putting forward her case that serious issue justified granting of stay application--Moreover, no excuse for respondent not handing applicant reasons for decision when advised of decision on 23/2/00--Interim stay granted (orally, on 23/3/00) until hearing of stay application on 12/4/00--Present reasons also apply in Court file IMM-1447-00 as circumstances similar.