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Norris v. Canada ( Minister of Employment and Immigration )

IMM-2043-93

Dubé J.

4/6/93

6 pp.

Stay of proceedings -- Application to stay proceedings regarding claim to refugee status by respondent Florestal until Court decided on application for judicial review made by applicant under Immigration Act, s. 82.1 -- Refugee Division denied application by applicant for public hearing although Florestal agreed to such hearing -- According to large and liberal interpretation of Federal Court Act, ss. 18(1)(b) and 50(1)(b), proceedings before another tribunal such as Refugee Division may now be stayed by Federal Court -- Three tests for staying proceedings met in case at bar -- Serious ground for application to stay -- Applicant would suffer irreparable damage if stay denied -- Denial of stay could open door to infringement of right to freedom of press guaranteed by Charter and questions raised in applications for leave and judicial review are themselves matters of public interest -- Application allowed -- Federal Court Act, R.S.C., 1985, c. F-7, ss. 18(1)(b) (am. by S.C. 1990, c. 8, s. 4), 50(1)(b).

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