The appellant, facing deportation to St. Lucia, obtained an unopposed custody order and a non-removal order for her children under the Children's Law Reform Act.
The non-removal order was intended to trigger a statutory stay of her deportation under the Immigration and Refugee Protection Act.
The respondent Ministers successfully appealed the non-removal order.
The Court of Appeal dismissed the appellant's appeal, holding that family courts should not issue non-removal orders solely to frustrate federal immigration removal orders where there is no genuine family law dispute.
