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Date: 20010406

Docket: IMM-1728-01

Neutral Citation: 2001 FCT 302

BETWEEN:

      MARIANO SPEZZANO

      Applicant

      - and -

      THE MINISTER OF CITIZENSHIP AND IMMIGRATION

      Respondent

      REASONS FOR ORDER AND ORDER

BLAIS J.

[1]    Upon motion on behalf of the applicant for a stay of execution of the deportation order dated August 22, 2000, in respect of the applicant.

[2]    Upon reading the material before the Court.

[3]    Upon hearing counsel for both parties by telephone conference.


[4]    The applicant has been convicted of different criminal offences from 1977 until 2000. The last convictions are related to drug trafficking.

[5]    I have carefully reviewed the report of Correctional Service. That report says at page 6:

During the assessment process the subject was not honest when providing information regarding his criminal activity and assumed no responsibility for it.

...This offender has demonstrated a pattern of pro-criminal attachments and has shown that he is very comfortable with the criminal lifestyle.

[6]    I am not impressed with this report that was prepared in July 2001.

[7]    The applicant failed to convince the Court that he would suffer irreparable harm if deported to Italy; no evidence was even provided.

[8]    The balance of convenience favours the respondent that has the obligation to execute the deportation order as soon as it is reasonably practicable (section 48 of the Immigration Act).

[9]    It is not necessary to address whether there is a serious issue.

[10]                        For these reasons, this application for a stay is denied.

Pierre Blais                                       

Judge

OTTAWA, ONTARIO

April 6, 2001

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