Canada (Minister of Citizenship and Immigration) v. Sum, docket IMM-6008-98

     Date: 19991117

     Docket: IMM-6008-98

Ottawa, Ontario, this 17th day of November, 1999

Present : The Honourable Mr. Justice Pinard

Between :

     THE MINISTER OF CITIZENSHIP

     AND IMMIGRATION

     Applicant

     - and -

     WING HONG SUM

     Respondent

     ORDER

     The application for judicial review of the November 10, 1998 decision of D.A. D'Ignazio of the Immigration Appeal Division, Immigration and Refugee Board, wherein the execution of the removal order rendered against the respondent was stayed for a period of one year pursuant to paragraph 73(1)(c) of the Immigration Act, is dismissed.

                            

                                     JUDGE

     Date: 19991117

     Docket: IMM-6008-98

Between :

     THE MINISTER OF CITIZENSHIP

     AND IMMIGRATION

     Applicant

     - and -

     WING HONG SUM

     Respondent

     REASONS FOR ORDER

PINARD, J. :

[1]      This is an application for judicial review of the November 10, 1998 decision of D.A. D'Ignazio of the Immigration Appeal Division (the IAD), Immigration and Refugee Board, wherein the execution of the removal order rendered against the respondent was stayed for a period of one year pursuant to paragraph 73(1)(c) of the Immigration Act, R.S.C. 1985, c. I-2¹.

[2]      The issues are:

(i)      Did the IAD err in dismissing the Appeals Officer's request for an extension of time to present evidence?

(ii)      Did the IAD err in granting a stay to permit the respondent to serve a prison sentence in the U.S.A.?

[3]      In light of the above issues raised in this matter and given the IAD's decision which provides for a review of the case on or about the 20th day of October, 1999 and which also grants a stay which will expire on November 10, 1999, the application is dismissed on the ground that it has become purely academic. As I indicated to counsel at the hearing before me on October 15, 1999, it is obvious that it would not be practical at this point in time to return this specific matter for rehearing before the IAD.

[4]      Consequently, the application for judicial review is dismissed.

[5]      I agree with counsel for the parties that this is not a matter for certification.

                            

                                     JUDGE

OTTAWA, ONTARIO

November 17, 1999

__________________

     ¹      73. (1) The Appeal Division may dispose of an appeal made pursuant to section 70      (c) in the case of an appeal made pursuant to paragraph 70(1)(b) or 70(3)(b), respecting a removal order, by directing that execution of the removal order be stayed;
     73. (1) Ayant à statuer sur un appel interjeté dans le cadre de l'article 70, la section d'appel peut :      c) soit, s'il s'agit d'un appel fondé sur les alinéas 70(1)b) ou 70(3)b) et relatif à une mesure de renvoi,      ordonner de surseoir à l'exécution de celle-ci;