Date: 20020408
Docket: IMM-274-02
Neutral citation: 2002 FCT 387
Montréal, Quebec, April 8, 2002
Before: Pinard J.
BETWEEN:
SANDOR MICZURA, JOSZEF VADASZI,
JULIANA MIZCURANE GURBAI
and ANETT MIZCURA
Plaintiffs
and
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
REASONS FOR ORDER AND ORDER
[1] Based on the affidavit by the principal plaintiff Sandor Miczura, whose credibility is not and never was questioned by the decision-making authorities in this case, the stay requested should be granted. In view of documentary evidence fully establishing the poor treatment accorded to gipsies in Hungary, the principal plaintiff's sworn deposition setting out the serious hardships suffered by himself and his family when they were in Hungary and their fear for their lives if they returned to that country suffice at this stage to establish the appearance of right and irreparable harm required.
[2] Considering further the uncontradicted fact that the plaintiffs are honest and hardworking people who are not a burden to Canadian society, I am persuaded that the balance of convenience is in their favour.
[3] For these reasons, it is hereby ordered that the removal order in question set down for April 11, 2002 be stayed until a ruling can be made on the application for leave to file an application for judicial review in the case at bar, and if necessary, until the application for judicial review itself is disposed of.
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Yvon Pinard
Judge |
Certified true translation
Suzanne M. Gauthier, C. Tr., LL.L.
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FEDERAL COURT OF CANADA TRIAL DIVISION
Date: 20020408
Docket: IMM-274-02
Between:
SANDOR MICZURA, JOSZEF VADASZI, JULIANA MIZCURANE GURBAI and ANETT MIZCURA
Plaintiffs
and
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER AND ORDER
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FEDERAL COURT OF CANADA
TRIAL DIVISION
SOLICITORS OF RECORD
FILE: IMM-274-02
STYLE OF CAUSE: SANDOR MICZURA, JOSZEF VADASZI,
JULIANA MIZCURANE GURBAI
and ANETT MIZCURA
Plaintiffs
and
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
PLACE OF HEARING: Montréal, Quebec
DATE OF HEARING: April 8, 2002
REASONS FOR ORDER AND ORDER BY: PINARD J.
DATED: April 8, 2002
APPEARANCES:
Serban Mihai Tismanariu FOR THE PLAINTIFFS
Guy Lamb FOR THE RESPONDENT
SOLICITORS OF RECORD:
Serban Mihai Tismanariu FOR THE PLAINTIFFS
Montréal, Quebec
Morris Rosenberg FOR THE RESPONDENT
Deputy Attorney General of Canada
Montréal, Quebec