Essel v. Canada ( Minister of Employment and Immigration )
92-T-1724
MacKay J.
5/11/92
8 pp.
Stay of exclusion order -- Application to stay execution of exclusion order made by adjudicator on March 25, 1992-Applicant found to have no credible basis for claim to be Convention refugee -- Court has jurisdiction to hear application for stay as within Court's jurisdiction under Federal Court Act, s. 18.2 to make interim order -- Instant application integral to application for leave to seek judicial review -- Whether applicant raised serious issue to be tried based on fear life in danger if returned to Ghana -- No evidence of serious issue to be tried -- No affidavit or other evidence on file to support grounds for attacking adjudicator's decision -- No evidence applicant would suffer irreparable harm if stay sought not granted -- Responsible officers concluded applicant's fears not warranting admission to Canada as refugee or landing from within Canada on humanitarian and compassionate grounds -- Application dismissed.