Sivagnanansuntharam v. Canada

Sivagnanansuntharam v. Canada (Minister of Citizenship and Immigration), 2004 FCA 70 (CanLII)

• Sri Lankan Tamil applicant who was ordered deported as a result of kidnapping conviction
• IAD refused to exercise equitable jurisdiction and allow the appeal of the deportation order; this decision was JR’d and dismissed, but a question was certified
• This is the application for a stay of removal pending appeal of the negative JR decision

• There is a serious issue as a question was certified

• However, there is no irreparable harm:

o No disproportionate psychological hardship beyond normal anxiety associated with deportation, risk of physical harm not significant given current country conditions

• This case is cited for the following principles, none of which were unique to this case:

o An outstanding application, by itself, is not enough for a stay of removal; courts frequently dismiss applications for stays of removal when there are applications or appeals pending
o The existence of a serious issue does not automatically lead to a finding of irreparable harm