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Emergency stay applications.

By immlawyer

I've posted on this topic before, and now I am again in the midst of putting together what is termed an emergency stay application. The client is facing the execution of a removal order and is scheduled for a flight out on Wednesday midnight. In this case a removal order was issued after the client was convicted of serious criminality. The order was stayed by the IAD however the stay was later terminated when there was a breach of terms and conditions. We have applied to reopen that IAD order and concurently requested CBSA to defer removal until a decision has been made by the IAD. Our deferral request was refused on Friday and an application to the federal court was filed that same day. The next steps are to put together what's called rule 35 letter and file the motion record and of course provide a copy to the department of justice. The hearing will be by teleconference and will likely take place on Wednesday. The client has been in Canada his entire adult life - over 20 years - and the stakes are high. Unfortunately other options were not explored in a timely fashion. I was retained on the 20th of this month and hope to succeed in my argument that removal should not take place given the outstanding legal issue. Sent from my BlackBerry® wireless device

Full post as published by Canadian Immigration Blawg on October 25, 2008 (boomark / email).