Date: 19980305
Docket: IMM-131-98
Vancouver, British Columbia, Thursday, the 5th day of March, 1998
PRESENT: THE HONOURABLE MR. JUSTICE CAMPBELL
BETWEEN:
STEPHEN DESHAWN LEWIS
Applicant
- and -
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
REASONS FOR ORDER AND ORDER
UPON MOTION, dated the 27th day of February, 1998, on behalf of the Applicant, for an extension of time to file the Applicant's Record pursuant to Rule 1614 of the Federal Court Rules, Rule 14(2), and 18(1) of the Federal Court Immigration Rules, and s. 82.1(5) and 83(3) of the Immigration Act.
The Applicant further applies for a stay of deportation, pursuant to s. 18.2 and s. 50 of the Federal Court Act, and Rules 341A, 1213 and 1909 of the Federal Court Rules.
IT IS HEREBY ORDERED:
| 1. The Applicant is granted 30 days to file the Applicant's Record; |
| 2. A Stay of the Deportation Order herein is granted on the following grounds: |
| a) A serious issue exists respecting the judicial review of the decision under s. 46.01(1)(e)(i) being the alleged lack of evidence to support the finding made; |
| b) Given the possible jeopardy the applicant faces under the "three strikes you're out" rule in the State of Washington, USA, I find irreparable harm exists to the Applicant if he is returned to the State of Washington, USA prior to the judicial review determination herein and possible subsequent refugee claim based on this consideration; |
| c) Given the fact that the Applicant is in custody and intends to remain in custody pending the determination of the judicial review application herein, I find the balance of convenience lies with him. |
| 3. The Stay of the Deportation Order granted herein will remain in effect until the Applicant's judicial review application is determined; and |
| 4. Should the Applicant be released from custody prior to the determination of the judicial review application herein, I grant leave to either party to apply again before me to review the Stay ordered. |
(Sgd.) "Douglas Campbell"
Judge
FEDERAL COURT TRIAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
HEARING DATED: March 5, 1998
COURT NO.: IMM-131-98
STYLE OF CAUSE: STEPHEN DESHAWN LEWIS
v.
MCI
PLACE OF HEARING: Vancouver, BC
REASONS FOR ORDER AND ORDER OF CAMPBELL, J.
Delivered orally from the Bench on March 5, 1998
APPEARANCES:
Mr. Gary Botfing for Applicant
Ms. Sandra Weafer for Respondent
SOLICITORS OF RECORD:
Gary Botting
Barrister & Solicitor
Victoria, BC for Applicant
George Thomson for Respondent
Deputy Attorney General
of Canada