Toronto, Ontario, July 17, 2006
PRESENT: The Honourable Mr. Justice Shore
BETWEEN:
BALFOUR RUPERT WAUCHOPE
ANA ALICIA WAUCHOPE
and
THE MINISTER FOR PUBLIC SAFETY
AND EMERGENCY PREPAREDNESS
REASONS FOR ORDER AND ORDER
[1] The Court has heard the applicants' motion in respect of a stay of their removal pending the determination of their Humanitarian and Compassionate application that was duly submitted seven months ago, but has yet to be resolved, or until such time as the underlying application for leave for the judicial review is conclusively determined.
[2] Even if the Court were to assume that the application raises a serious issue to be tried, the applicants have failed to adduce evidence to establish a serious issue to be tried, the applicants have failed to adduce sufficient evidence to establish that they would suffer irreparable harm by reason of their deportation to Jamaica.
[3] In the circumstances, their application must be dismissed.
ORDER
THIS COURT ORDERS that the application for a stay of removal order be dismissed.
FEDERAL COURT
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: IMM-3858-06
STYLE OF CAUSE: RIVALINE ELAINE WAUCHOPE
BALFOUR RUPERT WAUCHOPE
ANA ALICIA WAUCHOPE
v. THE MINISTER FOR PUBLIC SAFETY
AND EMERGENCY PREPAREDNESS
PLACE OF HEARING: Toronto, Ontario
DATE OF HEARING: July 17, 2006
APPEARANCES:
| Alesha A. Green
|
|
| Alison Engel-Yan
|
SOLICITORS OF RECORD:
| GREEN, WILLARD LLP Barristers & Solicitors Toronto, Ontario
|
|
| JOHN H. SIMS, Q.C. Deputy Attorney General of Canada
|
|