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Khan v. Canada ( Minister of Employment and Immigration )

92-T-1311

MacKay J.

6/11/92

6 pp.

Stay of deportation -- Application for stay of execution of removal order pending final disposition of application for leave to commence proceedings for judicial review -- Applicants found to have insufficient humanitarian and compassionate grounds to warrant application for permanent residence from within Canada -- Application for leave not yet considered -- Court having jurisdiction to hear matter under Federal Court Act, s. 18(2) -- No evidence applicants will suffer irreparable harm if stay not granted -- Inconvenience, emotional upset, financial hardship not factors deemed to constitute irreparable harm -- Not exceptional case warranting Court's intervention -- Application dismissed -- Federal Court Act, R.S.C., 1985, c. F[ib]-7, s. 18(2) (as enacted by S.C. 1990, c. 8, s. 4).

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