Date: 20020321
Docket: IMM-1224-02
Neutral Citation: 2002 FCT 309
BETWEEN:
JAGWANT SINGH
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER
BEAUDRY J.:
[1] The applicant has been in Canada since 1995.
[2] He is married to a Canadian citizen. He is the father figure to his stepson and he has a
Canadian born child with his wife.
[3] He has his own business and employ many Canadian citizens. He is the sole financial
support for his family.
[4] In November 2001, he filed a humanitarian and compassionate application for permanent
residence based on the sponsorship of his spouse. This application has not been determined.
[5] Considering the best interest of the children, I am satisfied that the applicant has met the
tri-partite test in Toth v. Canada (Minister of Employment and Immigration) (1988), 6 Imm. L.R. (2d) 123 (F.C.A.).
[6] Therefore, this Court hereby orders that an interim stay of the removal of the applicant
until determination of his application for permanent residence based on the sponsorship of his spouse.
"Michel Beaudry"
Judge
OTTAWA, ONTARIO
March 21, 2002