Singh v. Canada ( Minister of Citizenship and Immigration )
IMM-2643-95
MacKay J.
25/10/95
9 pp.
Application for stay of removal order pending disposition of application for leave-Applicant, citizen of Sri Lanka, entering Canada in June 1991 with wife, citizen of India, and five-year-old son-All three immediately claiming Convention refugee status-Applicants, father and son, determined not to be Convention refugees-Ordered to report to Niagara Falls for removal from Canada on June 9, 1994-Respondent Minister announcing change in process of removal of failed refugee claimants-Applicants eligible for landing on October 30, 1995 under newly created Deferred Removal Orders Class (DROC)-Immigration Regulations, s. 2(1) amended to include DROC-Three years must have elapsed since person determined not to be Convention refugee-Stated policy of Minister not to remove potential members of DROC just prior to becoming eligible to apply for landing-Applicants ordered to report to Niagara Falls on October 2, 1995 for removal to United States-Request for deferral denied-Application for leave and for judicial review of exclusion officer's decision not to defer removal raising serious issue for determination by Court-Irreparable harm caused to child if stay not granted-One of primary goals of immigration policy under Act to foster family relationships, family unity-Balance of convenience favouring applicants-Application allowed-Immigration Act, R.S.C., 1985, c. I-2-Immigration Regulations, 1978, SOR/78172, s. 2(1) (as am. by SOR/94-681, s. 1).