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     IMM-811-96


BETWEEN:


     SERGEY VERICH

     SVETLANA ANISIMOVA

     ALEXANDR VERICH

     Applicants


     - and -


     MINISTER OF CITIZENSHIP AND IMMIGRATION

     Respondent


     REASONS FOR ORDER


NOEL J.

     This is an application for an order staying execution of a departure order made against the applicants on March 4, 1996, ordering the applicants to leave Canada by April 1, 1996 at the latest. The order was made following a decision of the Refugee Division ("the Board") under subsection 69.1(6) of the Immigration Act and section 32 of the Convention Refugee Determination Division Rules declaring that the applicants' claim to refugee status had been abandoned.

     For the reasons stated by my colleague Rothstein J. in Khatija Rajan v. Minister of Employment and Immigration, 86 F.T.R. 70, I find that the application for a stay is premature and that the Court has no jurisdiction to allow it.

     Accordingly, the application is dismissed.



     SIGNED: Marc Noël

                                         J.

MONTRÉAL, Quebec

This 25th day of March 1996






Certified true translation




C. Delon, LL.L.

     Federal Court of Canada

    

     Court file No. IMM-811-96


between



     SERGEY VERICH

     SVETLANA ANISIMOVA

     ALEXANDR VERICH

     Applicants


     " and "


     MINISTER OF CITIZENSHIP

     AND IMMIGRATION

     Respondent





    


     REASONS FOR ORDER

    

     FEDERAL COURT OF CANADA

     NAMES OF COUNSEL AND SOLICITORS OF RECORD


COURT FILE NO:              IMM-811-96


STYLE OF CAUSE:          SERGEY VERICH

                 SVETLANA ANISIMOVA

                 ALEXANDR VERICH

     Applicants

                 AND:

                 MINISTER OF CITIZENSHIP

                 AND IMMIGRATION

     Respondent


PLACE OF HEARING:          Montréal, Quebec


DATE OF HEARING:          March 25, 1996


REASONS FOR ORDER

OF THE COURT BY:          Noël J.


DATED:                  March 25, 1996



APPEARANCES:              Suzanne Mercure

                                 for the applicants

                 Martine Valois

                                 for the respondent



SOLICITORS OF RECORD:

         ALARIE, LEGAULT, BEAUCHEMIN,

         PAQUIN, JOBIN & BRISSON

         Montréal, Quebec

                                 for the applicants


         George Thomson

         Deputy Attorney General

         of Canada

         OTTAWA, ONTARIO                  for the respondent

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