Date: 20020618
Docket: IMM-2286-02
Neutral citation: 2002 FCT 690
BETWEEN:
OGNIAN STARTCHEV and VIOLETA STARTCHEVA
Applicants
- and -
THE MINISTER
OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER
[1] Ognian Startchev and Violeta Startcheva are husband and wife both in their late fifties and citizens of Bulgaria. They seek a stay of their removal from Canada pending the determination of their application for leave and judicial review of a May 14, 2002 decision by Immigration Officer F/N Stocks turning down their request for an humanitarian and compassionate exemption.
[2] The applicants first came to Canada on June 9th, 1990 making a refugee claim which was refused and leave to seek judicial review denied by this Court in 1992. After a series of failed attempts, the applicants were deported from Canada 16 January 1997, but they returned within 90 days barring them from making another refugee claim.
[3] They were excluded from Canada, resided in the United States and returned to Canada a few months later making another refugee claim which was denied on August 18, 2000 and leave of this Court refused December 13th, 2000.
[4] They filed an application in August 2001 for permanent residence on humanitarian and compassionate grounds. A risk evaluation was performed and the Haghighi mandated process followed. The applicants were found not to be at risk and the Immigration Officer, considering other factors in the exercise of discretion, found insufficient humanitarian and compassionate grounds for a section 9, Immigration Act waiver.
[5] This stay application must be dismissed because the applicants have failed to satisfy me they will suffer irreparable harm during the relevant time period between now and the decision of this Court on whether to grant leave and if leave is granted pending judicial review. During that time their application for leave and judicial review will be considered and if they are ultimately successful they may have an opportunity to settle in Canada.
[6] There can be no doubt the applicants are not exposed to risk of harm from agents of the state in Bulgaria. That matter has been canvassed at least three times by either the Convention Refugee Determination Division or a PCDO officer with leave twice refused by this Court.
[7] Counsel for the applicants argues Ognian Startchev suffers from stress impacting on his health which will be aggravated by his subjective fear of returning to Bulgaria. However, the applicants have not provided up to date substantiating medical evidence.
[8] The applicants claim harm to a newly created business which they started with a partner and which is now being incorporated. Mere economic inconvenience does not qualify for irreparable harm (See, Sanchez v. M.C.I., (December 8, 1995), IMM-2884-95 and Siljanovski v. M.C.I. (June 14, 2000), IMM-2388-00).
[9] Finally, counsel for the applicants argues, being forced from Canada when their case has a good chance of success constitutes irreparable harm. That argument has no merit as the applicants have no right to be in Canada.
[10] I add the balance of convenience overwhelmingly favours the Minister. The applicants have exercised and exhausted the full benefits of the law.
[11] For these reasons, the stay application is dismissed.
"François Lemieux"
J.F.C.C.
Toronto, Ontario
June 18, 2002
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
DOCKET: IMM-2286-02
STYLE OF CAUSE: OGNIAN STARTCHEV and VIOLETA STARTCHEVA
Applicants
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
PLACE OF HEARING: TORONTO, ONTARIO
DATE OF HEARING: MONDAY, JUNE 17, 2002
REASONS FOR ORDER BY: LEMIEUX J.
DATED: TUESDAY, JUNE 18 , 2002
APPEARANCES BY: Mr. J. Norris Ormston
For the Applicants
Ms. Angela Marinos
For the Respondent
SOLICITORS OF RECORD: J. Norris Ormston
Barrister and Solicitor
739 Bloor Street West
Toronto, Ontario
M6G 1L6
For the Applicants
Morris Rosenberg
Deputy Attorney General of Canada
For the Respondent
FEDERAL COURT OF CANADA
Date: 20020618
Docket: IMM-2286-02
BETWEEN:
OGNIAN STARTCHEV and VIOLETA STARTCHEVA
Applicants
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER