Stays of removal orders

Resolution number: 
38
June 1994
Whereas: 
  1. Section 49 (1) of the Immigration Act provides for stay of execution of removal orders when a rejected refugee claimant makes an application for leave to appeal to the Federal Court;
  2. Section 49 (1.1) of the Immigration Act provides that there is no stay for persons "residing or sojourning in the United States" where a section 20 (border) report was made on that person;
  3. The Immigration department is purporting to apply section 49(1.1) to persons who have been residing in Canada for more than one year, telling them to leave while their application for leave to appeal is still before the Federal Court;
Therefore be it resolved: 

That the CCR demand that the government cease the practice of removing refugee claimants residing in Canada who entered Canada from the United States and whose applications for leave to appeal are before the Federal Court.

Working Group: 
Inland Protection