Jinadasa v. Canada (Minister of Citizenship and Immigration), docket IMM-886-99

Date: 19990301

Docket: IMM-886-99

BETWEEN:

     WANNAKU RALALAGE AJITH LAKWIJAYA JINADASA

    

     Applicant

     - and -

     THE MINISTER OF CITIZENSHIP AND IMMIGRATION

     Respondent

     REASONS FOR ORDER AND ORDER

McKEOWN J..

[1]              There is a serious issue because of the unusual circumstances of this case. The credibility findings were questioned in some instances but not specified. Accordingly an immigration officer might come to a different conclusion. There has been no risk assessment since the Refugee Board hearing mainly because of the applicant's delay in making the H & C application and failure to make a PDRCC application. However, as McGillis J. stated in Sinnappu v. MCI it is highly undesirable for a judge to engage in examining "the state of the country conditions where the legislative scheme requires immigration officers, who have specialized training and experience in relation to country conditions to make such decisions. McGillis J. also revisited this point at paragraph 15 of Razavi v. Canada. Normally a late H & C application should not be allowed to delay the deportation of an applicant but in the unusual circumstances of this case I am going to issue the stay. There would be irreparable harm to the applicant in preventing his attendance at the H & C hearing which cannot be remedied. I am not in any way trying to review the Refugee Board's decision on appeal.

[2]              Since there is irreparable harm and a serious issue the balance of convenience favours the applicant.

[3]              The applicant is granted a stay until the H & C application is determined.

                             "W.P. McKeown"

Judge

TORONTO, ONTARIO

March 1, 1999

     FEDERAL COURT OF CANADA

     Names of Counsel and Solicitors of Record

COURT NO:                          IMM-886-99

                            

STYLE OF CAUSE:                      WANNAKU RALALAGE AJITH              LAKWIJAYA JINADASA

                             and -

THE MINISTER OF CITIZENSHIP

                             AND IMMIGRATION

DATE OF HEARING:                  MONDAY, MARCH 1, 1999

PLACE OF HEARING:                  TORONTO, ONTARIO

REASONS FOR ORDER AND ORDER BY:      McKEOWN J.

DATED:                          MONDAY, MARCH 1, 1999

APPEARANCES:                      Ms Barbara Jackman

                            

                                 For the Applicant

                            

                             Ms. Andrea M. Horton

                                 For the Respondent

SOLICITORS OF RECORD:              Jackman, Waldman & Associates

                             Barristers & Solicitors

                             281 Eglinton Ave. E.

                             Toronto, Ontario

                             M4P 1L3

                                 For the Applicant

                              Morris Rosenberg

                             Deputy Attorney General

                             of Canada

                                 For the Respondent

---

                    

                              FEDERAL COURT OF CANADA

                                 Date: 19990301

                        

         Docket: IMM-886-99

                             Between:

                             WANNAKU RALALAGE AJITH                              LAKWIJAYA JINADASA

     Applicant

                             - and -

THE MINISTER OF CITIZENSHIP AND IMMIGRATION

                        

     Respondent

                    

                            

            

                             REASONS FOR ORDER AND ORDER