Otham Hamdan Federal Court Decision

Date: 20190802 Docket: IMM-4819-19 Vancouver, British Columbia, August 2, 2019 PRESENT:

Madam Justice St-Louis

BETWEEN: THE MINISTER OF PUBLIC SAFETY AND EMERGENCY PREPAREDNESS Applicant and

OTHMAN AYED HAMDAN Respondent

ORDER

UPON MOTION on behalf of the applicant for an urgent interim stay of the Order of Member Rempel of the Immigration Division of the Immigration and Refugee Board (the “Tribunal”), dated August 2, 2019, ordering the Respondent’s release from detention (the “Release Order”), pending determination of the Minister’s forthcoming motion for a full stay of the Release Order;

AND UPON considering the affidavits and written submissions by the applicant as well as the comments from the respondent’s counsel;

Page: 2 AND UPON the Court being satisfied that the circumstances warrant the issuance of an urgent interim stay to be granted;

AND UPON considering that the transcript of the August 2 hearing will be available by August 9, 2019; and that a full hearing on an expedited basis will be heard as soon as possible with the benefit of the Member’s Reasons, and fulsome representation by both parties;

THIS COURT ORDERS that:

(a)

the Order of the Immigration Division of the Immigration and Refugee Board (the “Tribunal”), dated August 2, 2019, releasing the Respondent from detention (the “Release Order”) is stayed until a full hearing on an expedited basis can be heard on the merits of the Minister’s motion for stay of the Release Order pending determination of the Minister’s Application for Leave and for Judicial Review of the Division Member’s decision;

(b)

the transcript of the hearing and decision of the Tribunal held on August 2, 2019 be delivered to the Court and to the parties within 4 business days of the date of this Order, no later than 4:00 p.m.; and

(c)

counsel for the parties shall notify the Court of the schedule for the service and filing of the motion record and counsel’s availability for the hearing to be held as soon as practicable.

"Martine St-Louis" Judge