Ballie v. Canada ( Minister of Employment and Immigration )
IMM-529-93
Teitelbaum J.
30/3/93
7 pp.
Application for leave, judicial review of decision applicant failing to establish at first level hearing credible basis for Convention refugee claim, stay of execution of exclusion order pursuant to R. 1909 -- Stay granted -- Immigration Act, s. 32.1 enacted to prevent execution of removal order if applicant found to have credible basis to Convention refugee claim -- S. 32.1 defining claimant as person claiming to be Convention refugee and whose claim referred to Refugee Division -- As only Credible Basis Tribunal can refer claimant to Refugee Division, Credible Basis Tribunal not part of Refugee Division -- Convention refugee applicant not passing Credible Basis Tribunal determined not to be Convention refugee -- Filing application for leave to review credible basis decision not changing fact determined not to be Convention refugee -- Enforcement of deportation while legal proceedings continuing not violating Charter, ss. 7, 15 -- R. 1909 inapplicable to stay of exclusion order -- Applies to judgments or orders of Federal Court -- Jurisdiction to grant stay found in inherent jurisdiction in deciding issues relating to applications for leave pursuant to Immigration Act, s. 82.1 -- Immigration Act, R.S.C., 1985, c. I-2, ss. 32.1 (as am. by S.C. 1992, c. 49, s. 23), 82.1 (as am. idem, s. 73) -- Federal Court Rules, C.R.C., c. 663, R. 1909 -- Canadian Charter of Rights and Freedoms, being Part I of the Constitution Act, 1982, Schedule B, Canada Act 1982, 1982, c. 11 (U.K.) [R.S.C., 1985, Appendix II, No. 44], ss. 7, 15.