Calabrese v. Canada ( Minister of Citizenship and Immigration )
IMM-1136-96
Gibson J.
23/5/96
9 pp.
Application for stay of execution of deportation order pending determination of application for leave and for judicial review and of determination by Immigration and Refugee Board whether jurisdiction in Board to consider applicant's appeal from deportation order-Applicant coming to Canada from Italy at age three and becoming permanent resident-Never becoming Canadian citizen-Family living in Canada-Unable to speak Italian-Lived in common-law relationship for fourteen years, has 11-year-old son and expecting second child-Applicant having long criminal record of serious offences due to drug addiction-Since convictions, underwent "profound religious conversion" and positive participation in drug rehabilitation programs-To succeed on application, must show serious issue to be tried on application for leave and for judicial review; unless stay granted, applicant will suffer irreparable harm; balance of convenience favours applicant-Application allowed-For reasons substantially similar to those in Shayesteh v. Canada (Minister of Citizenship and Immigration), [1996] F.C.J. No. 654 (T.D.) (QL) application for leave and for judicial review raising serious issue to be tried-Irreparable harm would be suffered due to applicant's separation from professional and community-based supports and complete lack of equivalent support in Italy, inability to speak Italian and resultant difficulties would face in reestablishing in Italy-Irreparable harm need not mean safety or life in jeopardy if deported-"Irreparable" meaning harm which either cannot be quantified in monetary terms or cannot be cured-Substantial elements of inconvenience in applicant's favour directly related to harm would suffer if required to leave Canada.