Date: 20020417
Docket: IMM-1721-02
Neutral citation: 2002 FCT 438
Ottawa, Ontario, April 17, 2002
Before: Pinard J.
Between:
RONY DANILO FIGUEROA
Plaintiff
- and -
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Defendant
REASONS AND ORDER
[1] The instant motion was heard by teleconferencing call on April 17, 2002. The plaintiff wished a stay of the deportation order which became executory against him on March 24, 1997, and was in fact to be carried out on April 18, 2002. He sought this stay until the Court had disposed of his application for leave and judicial review, recently filed on April 16, 2002, against the decision to deport him [TRANSLATION] "without reviewing his application based on humanitarian considerations".
[2] No application for exemption on humanitarian grounds under s. 114(2) of the Immigration Act, R.S.C. 1985, c. I-2 ("the Act") has yet been filed by the plaintiff. In my opinion, he could and should have done so much earlier, in the days following September 27, 2001, the date on which the Supreme Court of Canada dismissed his application for leave to appeal in case (FC) (Civil) 28629, thus affirming the original prior decision rejecting the application for permanent residence in Canada by the plaintiff and his family. The plaintiff therefore failed to establish the existence of a serious question relating to his aforementioned application for leave and judicial review (see Simoes v. Canada (M.C.I.), [2000] F.C.J. No. 936 (T.D.) (QL)).
[3] Further, the fears of irreparable harm expressed by the plaintiff if he returns to the U.S. are purely speculative, in view of the absence of any specific evidence in that regard. In the circumstances, the public interest requires that the removal order in question be carried out as soon as circumstances permit (s. 48 of the Act).
[4] The application for a stay is accordingly dismissed.
|
|
"Yvon Pinard"
Judge |
Certified true translation
Suzanne M. Gauthier, C. Tr., LL.L.
FEDERAL COURT OF CANADA
TRIAL DIVISION
SOLICITORS OF RECORD
FILE: IMM-1721-02
STYLE OF CAUSE: Rony Danilo Figueroa
- and -
The Minister of Citizenship and Immigration
PLACE OF HEARING: Ottawa, Ontario
DATE OF HEARING: April 17, 2002
REASONS FOR ORDER: Pinard J.
DATE OF REASONS: April 17, 2002
APPEARANCES:
Rony Danilo Figueroa FOR THE PLAINTIFF
Sébastien Dasylva FOR THE DEFENDANT
SOLICITORS OF RECORD:
Rony Danilo Figueroa FOR THE PLAINTIFF
Verdun, Quebec
Morris Rosenberg FOR THE DEFENDANT
Deputy Attorney General of Canada