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;