Bochnakov v. Canada ( Minister of Citizenship and Immigration )
IMM-159-95
Rothstein J.
17/2/95
8 pp.
Applications for stay of exclusion orders -- Whether applicants entitled to remain in Canada by reason of Immigration Regulations, 1978 -- Matter of statutory interpretation-Considerations on stay application not applicable -- Applicants originally from Bulgaria entering Canada as Convention refugee claimants from United States -- Subject to Post-Determination Refugee Claimants in Canada Class (PDRCC Regulations) as Convention refugee claims denied -- Application to be included in PDRCC also denied -- Immigration Regulations excluding from class persons who have left Canada after found not to be Convention refugees -- PDRCC Regulations not envisaged by Immigration Act, ss. 49, 50 -- Cannot be interpreted as exemptions to s. 48 requiring removal orders be executed as soon as reasonably practicable -- No authorization in Act, ss. 6(5), 114(1)(e) for Governor in Council to enact regulation providing for "statutory stay"[cad 211]Otherwise eligible individual losing eligibility for membership in PDRCC class and for landing only if voluntarily leaves -- Eligibility not affected if individual leaves pursuant to removal order -- Minister required to perform PDRCC assessment prior to removal -- If Minister acts to execute removal order, affected person may always seek stay in Federal Court -- Stay will be granted if required criteria satisfied-No evidence of irreparable harm if applicants removed to United States -- No absurdity in interpreting PDRCC Regulations as contemplating voluntary departure, not departure pursuant to removal order -- Applications dismissed -- Immigration Regulations, 1978, SOR/78-172, ss. 2(1) (as am. by SOR/93-44, s. 1), 11.4 (as enacted idem, s. 10) -- Immigration Act, R.S.C., 1985, c. I-2, ss. 6(5), 48, 49, 50, 114(1)(e).