Bempah v. Canada ( Minister of Employment and Immigration )
92-T-1006
Collier J.
22/7/92
6 pp.
Stay of exclusion-Motion to stay execution of exclusion order -- Applicant, citizen of Ghana, entered Canada in 1987 -- In 1990 found not to have credible basis for refugee status and exclusion order issued -- Permission exempting applicant on humanitarian and compassionate grounds from requirement application for permanent residence be made from outside Canada denied -- Outstanding application for leave to commence judicial review proceedings attacking that refusal -- Applicant's marriage in Canada bona fide -- Although serious issue to be tried in pending judicial proceedings, applicant not showing irreparable harm if removed to Ghana -- Sworn evidence that of associate in applicant's counsel's firm, some of which inadmissible -- No sworn affidavit evidence from applicant -- Balance of convenience favouring execution of exclusion order -- Immigration Act, R.S.C., 1985, c. I-2, s. 114(2).