Suresh v. Canada

Suresh v. Canada (Minister of Citizenship and Immigration ), [1999] 4 FCR 206, 1999 CanLII 8393 (FCA)

• Applicant was appealing a negative JR of the Minister’s danger opinion, and sought a stay of removal while the appeal was heard
• This case is about the characterization of the irreparable harm prong of the tripartite stay test
• Clearly, the issue of irreparable harm can be answered in one of two ways. The first involves an assessment of the risk of personal harm if a person is deported or deported to a particular country. The second involves an assessment of the effect of a denial of a stay application on a person’s right to have the merits of his or her case determined and to enjoy the benefits associated with a positive ruling.
• Serious issue is obviously met here – certified questions
• The Act provides a complex scheme for removals; there are serious Charter implications in play here, and appeals would be rendered nugatory if he were deported. Sri Lanka would almost certainly detain him and there would be a possibility of inhumane treatment.
• Also likely he would suffer personal physical harm in Sri Lanka – this was a high profile case which was known to the authorities in Sri Lanka
• Balance of convenience favours the applicant – serious risk of harm in Sri Lanka; no evidence that he had ever committed any crimes in Canada or presented a threat to their personal safety; has already been living in Canada 9 years, no major inconvenience that deportation be delayed until after outcome of the appeal