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Date: 20010626

Docket: IMM-2945-01

Neutral citation:2001 FCT 705

BETWEEN:

ASHTON MOHAN

Applicant

-and-

THE MINISTER OF

CITIZENSHIP AND IMMIGRATION

Respondent

                                REASONS FOR ORDER

LEMIEUX J.

[1]    Ashton Mohan is a young nineteen year old self represented male citizen of Trinidad and Tobago who seeks a stay of a departure order, that is, his obligation to leave Canada pursuant to subsections 27(2) and (4) of the Immigration Act (the "Act") until his leave application has been determined.


[2]    Mr. Mohan came to this country in August of 1994 as a visitor and obtained a student visa to attend highschool. This visa expired in September 1998. Renewal was refused and, as a result, he has been in Canada without status since that time.

[3]    I should add his mother came to Canada, made a failed refugee claim and was denied a section 9 exemption for lack of humanitarian and compassionate grounds.

[4]    In his leave application, Mr. Ashton challenged the immigration officer's decision to issue the departure order on the grounds that the immigration officer erred in determining he was a person described in subsection 27(2) of the Act and failed to consider relevant evidence before him, namely, that all of his immediate family are in Canada who support him and he has one year left for graduation.

[5]    On the other hand he states he will suffer hardship if he returns to his home country.

[6]    Counsel for the respondent argues that Mr. Mohan has not raised a serious issue. I agree.


[7]                Clearly, the applicant is a person who remains in Canada after his visitor's visa has expired (see paragraph 27(2)(e) of the Act.) In these circumstances an immigration officer must make a report under subsection 27(2) and a departure order must issue unless new arrangements are made.

[8]                The kinds of considerations advanced by Mr. Mohan are not ones which an immigration officer can take into account in exercising his/her duties under section 27 of the Act. Other avenues are available under the Act for this purpose.

[9]                For these reasons, this stay application is dismissed.

"François Lemieux"

                                                                                               J.F.C.C.                      

Toronto, Ontario

June 26, 2001


FEDERAL COURT OF CANADA

Names of Counsel and Solicitors of Record

COURT NO:                                                    IMM-2945-01

STYLE OF CAUSE:                                         ASHTON MOHAN

Applicant

-and-

THE MINISTER OF

CITIZENSHIP AND IMMIGRATION

Respondent

DATE OF HEARING:                          MONDAY, JUNE 25, 2001

PLACE OF HEARING:                                    TORONTO, ONTARIO

REASONS FOR ORDER BY:                        LEMIEUX J.

DATED:                                                            TUESDAY, JUNE 26 2001

APPEARANCES BY:                                     Ashton Mohan

For the Applicant, on his own behalf

Martin Anderson

                                                                    

For the Respondent

SOLICITORS OF RECORD:                       Ashton Mohan

1855 Jane Street

Apt. #1610

Toronto, Ontario

M9N 2T7


For the Applicant, on his own behalf

Morris Rosenberg

Deputy Attorney General of Canada                 

For the Respondent


FEDERAL COURT OF CANADA

                            Date: 20010626

                                                                                        Docket: IMM-2945-01

Between:

ASHTON MOHAN

Applicant

-and-

THE MINISTER OF

CITIZENSHIP AND IMMIGRATION

Respondent

                                                 

REASONS FOR ORDER

                                                 

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