Date: 20011003
Docket: IMM-4164-01
Neutral citation: 2001 FCT 1087
BETWEEN:
LJUBICA TOSIC
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
[1] The applicant, a 69-year-old citizen of the Yugoslav Federation, seeks a stay of removal from Canada.
[2] Her underlying leave application challenges an August 21, 2001 decision made by a Post Claim Determination Officer ("PCDO") that she was not a member of the PDRCC class. The applicant's written challenge and oral submissions by her daughter raise no serious issue that this decision was wrong.
[3] The applicant apparently made an abortive attempt to file an H & C application in May of 2000 which was not processed because the Case Processing Centre in Vagreville, Alberta never received it nor were fees paid.
[4] Last week, the applicant filed a fresh H & C application and, of course, no decision has yet been made. It is well-known that, in and of itself, an outstanding H & C application is not a ground for deferring a removal given the statutory duty in section 48 of the Immigration Act to execute removals as soon as practicable.
[5] The applicant has not shown any grounds why her removal should not take place despite her difficult individual circumstances and those of her daughter and granddaughter who are Canadian citizens.
[6] Her H & C application will be processed in her absence and, in the circumstances, the authorities may process that application expeditiously.
[7] This stay application is dismissed.
J U D G E