Munoz v. Canada ( Minister of Citizenship and Immigration )
IMM-2243-95
Muldoon J.
1/9/95
11 pp.
Application for stay of removal order to be enforced against applicants-Applicants citizens of Peru-Arrived in Canada in 1986, made claim to be Convention refugees-Part of refugee claimants backlog formed in 1989-Decision on application on humanitarian and compassionate grounds pending-Applicant, wife gainfully employed in Canada, owners of house-Deeply concerned about emotional impact deportation will have on two children-Political situation in Peru in state of chaos-Terrorism rampant throughout country-Applicants, children valuable members of Canadian society, given length of stay in Canada, successful establishment here, absence of criminal record and excellent job records-Application on humanitarian and compassionate grounds should be given serious consideration-Immigration system at fault-Overburdened, slow system causing applicants irreparable harm-Court exerting jurisdiction to prevent injustice and to rescue better administration of law in Canada under Immigration Act, s. 114(2)-Application allowed-Immigration Act, R.S.C., 1985, c. I-2, s. 114(2).