| Citation: |
Fox v. Canada (Minister of Citizenship and Immigration), 2009 FCA 346, [2009] 4 F.C.R. D-15 |
A-393-0 |
Citizenship and Immigration
Immigration Practice
Motion for stay of resumption of admissibility hearing before Immigration Division of Immigration and Refugee Board of Canada—Appellant, permanent resident of Canada, convicted of drug trafficking, imprisoned as a result—Requesting adjournment of hearing to avoid statutory denial of day parole if removal order issued under Immigration and Refugee Protection Act, S.C. 2001, c. 27, s. 45(2)(d)—Adjournment allowed but on judicial review, Federal Court determining Immigration Division acting without jurisdiction in granting adjournment—Immigration Division presiding over admissibility hearing concerning allegation of serious criminality for offence committed in Canada not having jurisdiction to adjourn hearing for purpose of providing humanitarian, compassionate relief from effect of reincarceration—Immigration Division bound by law to hear appellant’s matter without delay, cannot consider potential consequences of order made under Act, s. 45(2)(d) as factor relevant to determination of whether to adjourn hearing—Immigration Division Rules, SOR/2002-229, s. 43(2)(i) not intended to allow Immigration Division to consider whether rendering of order will create injustice for person subject thereto—Motion dismissed.
Fox v. Canada (Minister of Citizenship and Immigration) (A-393-09, 2009 FCA 346, Nadon J.A., judgment dated November 26, 2009, 13 pp.)