Date: 20010409
Docket: IMM-1388-01
Neutral citation: 2001 FCT 304
BETWEEN:
SERGUEI VICTORO STEPACHKINE
SVETLANA STEPACHKINA
IOURI STEPACHKINE
Applicants
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
[1] This is a motion for a stay of the execution of the removal of the applicants from Canada.
[2] It will not be necessary to address the preliminary matter raised by the respondent relating to the fact that this motion was presented at the last minute and should be rejected for that reason.
[3] The applicants are Russians and arrived in Canada on March 2, 2001 from Paris.
[4] Altered documents were provided and the applicant Serguei Victoro Stepachkine was extensively examined by immigration officers.
[5] The applicant Serguei Victoro Stepachkine lied during his examination and finally after checking with U.S. Immigration officers, the Senior Canadian Immigration Officer issued an exclusion order.
[6] In responding to questions about the applicants' intentions to stay in Canada, the applicant Serguei Victoro Stepachkine did not tell the truth.
[7] The examination transcript says:
Q. Is it your intention to remain in Canada permanently?
A. So far, I have not been thinking of that.
Q. Do you intend to make a refugee claim in Canada?
A. I didn't think of it.
[8] The immigration officer was convinced that the applicant was obviously untruthful and he concluded to recommend that the applicants should be excluded and detained for removal.
[9] After that, in March, the applicant decided to tell the truth and eventually mentioned his intention to claim refugee status for him and for his family.
[10] In Ajmal Khan v. M.C.I. (IMM-1711-00) F.C. Trial Division, April 12, 2000), Justice Reed said:
[6] I have no doubt that the senior officer signed the exclusion order before the applicant disclosed his real identity, and before he disclosed that he wanted to make a refugee claim....
[8] ...There is no serious issue to be tried with respect to that factual assertion.
[11] Counsel for the applicants also suggests that the applicant lied because he was told to do so by his agents in the United States.
[12] The Federal Court of Appeal in Raman v. Canada (M.C.I.) (A-30-97) 4 June 1999, quoted in Justice Reed's decision above at paragraph [10], held:
While it has been argued that the appellant was mis-informed regarding the best time to make a refugee claim, I do not see how this can relieve him of his obligation to be truthful when presenting himself at our border for entry. A senior Immigration Officer is under no obligation to second-guess the representations of people who decline the opportunity to make a refugee claim.
[13] In my view, the applicants failed to convince the Court that there is a serious issue.
[14] I have carefully reviewed the affidavit of the applicant, Serguei Victoro Stephachkine.
[15] I noticed that the applicant forgot to mention that he was twice refused a visitor visa in the last few years.
[16] The applicants failed to provide evidence that they would face irreparable harm if deported to Russia.
[17] The balance of convenience favours the respondent, given that the deportation order should be executed as soon as reasonably practicable.
[18] Therefore, the motion for a stay is dismissed.
"Pierre Blais"
Judge
MONTREAL, QUEBEC
April 9, 2001