Can an applicant request a stay of a conditional departure order against him?
Canada (Federal), Canada
The following excerpt is from Wijetilleke v. Canada (Minister of Citizenship and Immigration), 1999 CanLII 8126 (FC):
Counsel for the respondent raised another issue. He said the applicant's request for a stay was premature eventhough the conditional departure order made against him was now effective. Counsel for the respondent said the applicant could voluntarily depart from Canada before May 14, 1999. At this point in time, the respondent was not requiring him to leave. Counsel for the respondent cited Rajan v. Canada, a decision of a Mr. Justice Rothstein, as he then was, IMM-4549-94, October 26, 1994. Mr. Justice Rothstein said this:
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