Brown v. Canada ( Minister of Employment and Immigration )
92-T-1717
MacKay J.
11/8/93
5 pp.
Application for prohibition to prevent respondent from removing applicant from Canada -- Applicant, Jamaican, married Canadian citizen who sponsored application for landing -- Although recommended for and granted exemption from normal visa requirements, not so advised -- Living with common law spouse prior to conviction, sentencing to penitentiary for robbery -- Deportation ordered as member of inadmissible class -- Application for leave to seek judicial review of decision to issue deportation order not yet dealt with -- Deportation imminent at time of hearing -- Applicant arguing irreparable harm in that had application for landing been perfected before conviction, inquiry following sentencing subject to Immigration and Refugee Board review -- Board possibly authorizing voluntary removal, instead of deportation, in which case eligible to return in 12 months without ministerial approval -- Also arguing separation from common law wife constituting irreparable harm -- Application dismissed -- No irreparable harm if deported -- Irreparable harm cannot be based on mere speculation -- Personal difficulties not constituting irreparable harm -- No basis for application of doctrine of legitimate expectation as applicant, not having learned of decision to exempt him from normal visa requirements, could not have had expectations of being granted permanent resident status -- If application for leave granted, respondent unable to argue matter moot because deportation order executed -- Respondent responsible for returning applicant to Canada for any further inquiry concerning eligibility to remain in Canada -- Immigration Act, R.S.C., 1985, c. I-2, ss. 27, 164.