Shayesteh v. Canada ( Minister of Citizenship and Immigration )
IMM-1123-96
Gibson J.
16/5/96
10 pp.
Application for stay of execution of deportation order pending determination of application for leave and for judicial review of decision applicant "constitutes a danger to the public in Canada"-Applicant became permanent resident July 11, 1991, declared Convention refugee after fleeing Iran and deserting army-Applicant accumulating criminal record in Canada including convictions for theft, failure to comply with recognizance and trafficking in narcotic-Criminal activity apparently related to heroin addiction-While incarcerated successfully underwent substance abuse treatment program-After release kept regular contact with parole officer and had full-time job-Married with two Canadian children-To succeed applicant must establish serious issue to be tried on application for leave and for judicial review, irreparable harm, balance of convenience-Cannot consider constitutionality of deportation as "serious issue"-Issue must relate to Minister's decision applicant danger to public-Execution of deportation order stayed-Serious issue to be tried as to whether all of relevant considerations went into formation of Minister's opinion-Applicant could come to irreparable harm if returned to Iran either because of desertion from army or conversion to Christianity, or both-Balance of convenience favours applicant.