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Duggal v. Canada ( Minister of Employment and Immigration )

A-1480-92

MacGuigan J.A.

16/11/92

2 pp.

Stay of deportation -- Appeal from refusal by Trial Division to grant stay of execution of removal order in refugee case -- Under rule laid down by FCA in recent cases, Court having no power to stay execution of removal order where deprived of jurisdiction by Immigration Act, s. 82.2(1) to entertain appeal from Trial Division's decision -- Even allegation of violation of Charter right based on serious issue found by Trial Division cannot give Court statutory jurisdiction to hear appeal if withheld by Parliament -- Appeal dismissed-Immigration Act, R.S.C., 1985, c. I-2, s. 82.2(1) (as am. by S.C. 1990, c. 8, s. 54).

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