IMM-1426-97
B E T W E E N:
ARMENTA MELVINA VERRALL
Applicant
- and -
MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER
RICHARD, J.:
The applicant filed on April 9, 1997 an application for leave to commence an application for judicial review of a decision of an Immigration Officer dated April 3, 1997, denying the applicant's application pursuant to ss. 114(2) of the Immigration Act for permission to make an inland application for landing on humanitarian and compassionate grounds.
The applicant seeks a stay of a departure order dated April 10, 1997. The applicant is presently free to comply with the departure order by leaving Canada voluntarily since the departure order was made on April 10, 1997 and will not become a deportation order until May 10, 1997. The applicant is also entitled to continue with her application for judicial review.
In these circumstances the application for a stay is premature. The applicant has not satisfied me that there are pressing circumstances sufficient to justify the intervention of the Court at this stage.
Further, there is no stay such as is contemplated by paragraph 50(1)(a) of the Act.
Accordingly, the application is denied.
The applicant requested the certification of a question as to whether this application for a stay is premature. I decline to certify that question as not being one of sufficient general importance.
"John D. Richard"
Judge
Toronto, Ontario
April 28, 1997
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
COURT NO: IMM-1426-97
STYLE OF CAUSE: ARMENTA MELVINA VERRALL
- and -
MINISTER OF CITIZENSHIP
AND IMMIGRATION
DATE OF HEARING: APRIL 28, 1997
PLACE OF HEARING: TORONTO, ONTARIO
REASONS FOR ORDER BY: RICHARD, J.
DATED: APRIL 28, 1997
APPEARANCES:
Mr. Howard E. Katz
For the Applicant
Mr. David W. Tyndale
For the Respondent
SOLICITORS OF RECORD:
Howard E. Katz
2 Ray Street S.
Hamilton, Ontario
L8P 3V2
For the Applicant
George Thomson
Deputy Attorney General
of Canada
For the Respondent
FEDERAL COURT OF CANADA
Court No.: IMM-1426-97
Between:
ARMENTA MELVINA VERRALL
Applicant
- and -
MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
REASONS FOR ORDER