Date: 20020322
Docket: IMM-1054-02
Neutral citation: 2002 FCT 326
OTTAWA, ONTARIO, this 22nd day of March, 2002
Present: The Honourable Mr. Justice Beaudry
BETWEEN:
NENAD LEPUSIC, JASNA LEPUSIC,
and IVAN LEPUSIC and NEVEN LEPUSIC, by their Litigation Guardian,
JASNA LEPUSIC,
Applicants,
and
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER
[1] This is a stay application brought by the applicants requesting that this Court grant a stay of execution of the Removal Order against them, pursuant to section 18.2 of the Federal Court Act, until such time as their application for leave and judicial review has been considered.
[2] I am satisfied that the Immigration Officer acted in fairness and also considered the best interest of the applicant's children with the proper test in Baker v. M.C.I., [1999] 2 S.C.R. 817.
[3] There is no serious issue. The applicants may continue from abroad their application for judicial review regarding the Immigration Officer's decision to refuse the humanitarian and compassionate application.
ORDER
THIS COURT HEREBY ORDERS that the application for a stay of execution of the Removal Order against the applicants is dismissed.
"Michel Beaudry"
Judge
FEDERAL COURT OF CANADA
TRIAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
COURT FILE NO.: IMM- 1054-02
STYLE OF CAUSE: Nenad Lepusic and others v. M.C.I.
HEARING: Heard Via Teleconference between Ottawa and Toronto
DATE OF HEARING: March 22, 2002
REASONS FOR ORDER and ORDER BY: The Honourable Mr. Justice Beaudry
DATED: March 22, 2002
APPEARANCES:
Barbara Jackman for the Applicants
Mary Mathews for the Respondent
SOLICITORS OF RECORD:
Jackman, Waldman & Associates
Toronto, Ontario for the Applicants
Mr. Morris Rosenberg
Deputy Attorney General of Canada for the Respondent