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The stay application

By immlawyer

The motion record was filed today and served on the respondent by fax. The court has advised that the application will be heard by Madam Justice Snider at 11 am Wednesday. Fundamental to the stay is the nature and scope of the officers discretion to defer removal - and of course whether tge refusal can be sustained upon review. Waldman's text provides a thorough resource for an application of this nature and I would recommend it to anyone contemplating this remedy. As always the federal court registry staff were very helpful. I'm looking forward to appearing before the Court again. Previous stay applications that I have worked on were predicated on a deferral pending the consideration of a pending H&C or spousal application which is a difficult argument. In this case there is more of a legal/jurisdiction issue. Sent from my BlackBerry® wireless device

Full post as published by Canadian Immigration Blawg on October 27, 2008 (boomark / email).