James v. Canada (Public Safety and Emergency Preparedness)

James v. Canada (Public Safety and Emergency Preparedness)

The Court had jurisdiction to grant the deferral; Rule 397 authorizes amendment of orders; paragraph 3 of the February 16, 2009 order is amended to expressly stay the removal order and grant the deferral until leave and the application for judicial review of the removal officer's February 13, 2009 decision is disposed of.

Citation
2009 FC 280
Parties
Applicant (responding Party in This Motion): AVIS CASANDRA JAMES; Applicant (responding Party in This Motion): KESBURN LENIS DURRANT; Applicant (responding Party in This Motion): ATESHA ALCENIA DURRANT; Applicant (responding Party in This Motion): NASHBORN ANTHONIA JAMES; Respondent (moving Party in This Motion): THE MINISTER OF PUBLIC SAFETY AND EMERGENCY PREPAREDNESS
Court
Federal Court
Jurisdiction
Canada
Judgment Date
18 March 2009
Procedural Posture
Judicial Review (immigration/removal) / Motion for Reconsideration of Stay and Amendment of Prior Order
Outcome
Order amended to clarify deferral/stay
Legal Topics
Pre Removal Risk Assessment, Stay of Removal, Deferral of Removal, Humanitarian and Compassionate Application, Amendment of Court Orders
Source Language
English
Immigration Law Administrative Law Judicial Review Federal Courts Procedure Pre Removal Risk Assessment Stay of Removal Deferral of Removal Humanitarian and Compassionate Application +1 more

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Parties

AVIS CASANDRA JAMES

Applicant (responding Party in This Motion)

KESBURN LENIS DURRANT

Applicant (responding Party in This Motion)

ATESHA ALCENIA DURRANT

Applicant (responding Party in This Motion)

NASHBORN ANTHONIA JAMES

Applicant (responding Party in This Motion)

THE MINISTER OF PUBLIC SAFETY AND EMERGENCY PREPAREDNESS

Respondent (moving Party in This Motion)

Procedural Posture

Judicial Review (immigration/removal) / Motion for Reconsideration of Stay and Amendment of Prior Order

Legal Issues

  1. 1 Whether the Court had jurisdiction to issue a stay of removal in the context of separate PRRA and H&C proceedings
  2. 2 Whether the stay order should be amended to clarify that the deferral continues until disposition of leave and judicial review of the removal officer's February 13, 2009 decision
  3. 3 Whether Rule 397 authorizes amendment of the prior order

Ratio Decidendi

The Court had jurisdiction to grant the deferral; Rule 397 authorizes amendment of orders; paragraph 3 of the February 16, 2009 order is amended to expressly stay the removal order and grant the deferral until leave and the application for judicial review of the removal officer's February 13, 2009 decision is disposed of.

Court Disposition

Order amended to clarify deferral/stay

Orders

  • Paragraph 3 of the Order of February 16, 2009 is amended to read: 3. Grants the deferral request against the removal order which is stayed until leave and the application for judicial review of the removal officer’s decision of February 13, 2009 is disposed of.
  • No questions are certified.