De Incer v. Canada ( Minister of Citizenship and Immigration )
IMM-1483-99
Lemieux J.
14/5/99
8 pp.
Application for order staying removal to United States until decision on application for judicial review of decision refusing applicants Convention refugee status-Female applicant claiming victim of physical and sexual abuse by husband, emotional abuse of children by father, fear of continuing abuse if returned to Nicaragua, fear of break-up of family-Three-part test for granting stays: serious issue, irreparable harm and balance of convenience-Stay granted-Minister conceded applicants met irreparable harm and balance of convenience test-Question of whether law compelled requirement for risk assessment related to gender and child abuse or peril in country of removal serious issue-Second serious issue: delay in processing application for humanitarian and compassionate relief-Although case weaker on this point, not frivolous and vexatious-Original H & C application had been made year before, but when female applicant informed Citizenship and Immigration Canada (CIC) in August 1998 she wanted her application severed from husband's, CIC answered in September, mentioning 6-month response lapse time, creating some legitimate doubt about possible interview and resolution of her H & C application before removal.