Date: 20011127
Docket: IMM-5162-01
Neutral citation: 2001 FCT 1302
Toronto, Ontario, Tuesday the 27th day of November, 2001
PRESENT: The Honourable Mr. Justice McKeown
BETWEEN:
WAYNE G. CHARLES and
JENNIFER B. CINDY
Applicants
and
THE MINISTER OF
CITIZENSHIP AND IMMIGRATION
Respondent
[1] On the motion for a stay, the Applicants submit that the Immigration Removals Officer failed to deal with the best interests of the Canadian born children. In particular, they submit that the officer failed to consider the medical disability of the youngest child. However, the facts in this case do not substantiate the legal arguments made on behalf of the Applicants.
[2] The Applicants indicated that they were willing to leave Canada voluntarily with their children on October 31st, 2001. On November 5th, 2001 the Citizenship and Immigration Canada Greater Toronto Enforcement Centre wrote to the Applicants and confirmed the conversation of October 31st, 2001 wherein the Applicants indicated that they were willing to purchase airline tickets for themselves and their children. There appeared to be no concern about the children going to Grenada at that time.
[3] On November 8th, 2001 the Applicants filed this motion for a stay based on the best interests of the children. The Respondent did ask the Applicants to produce additional information regarding the medical problem of the youngest child. The three doctors' letters accompanying the stays do not indicate any major health problem with the youngest and no further information was received. Furthermore, the Applicants were asked to provide information on the medical treatment problems in Grenada and again there was no further information submitted.
[4] Therefore, in the circumstances of this case there is no irreparable harm to the Applicants in being returned to Grenada. (See Simoes v. Canada (Minister of Citizenship and Immigration) [2000] F.C.J. No. 936; Wang v. Canada (Minister of Citizenship and Immigration) [2001] F.C.J. No. 295, with respect to the limited discretion of the removals officer.) Since there is no irreparable harm I do not have to deal with the other parts of the tri-partite test. I doubt very much on the facts of this case that there is a serious issue.
ORDER
1. The motion for a stay is dismissed.
"W.P. McKeown"
J.F.C.C.
Toronto, Ontario
November 27, 2001
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
COURT NO: IMM-5162-01
STYLE OF CAUSE: WAYNE G. CHARLES and JENNIFER B. CINDY
Applicants
-and-
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
DATE OF HEARING: MONDAY, NOVEMBER 26, 2001
PLACE OF HEARING: TORONTO, ONTARIO
REASONS FOR ORDER
AND ORDER BY: McKEOWN J.
DATED: TUESDAY, NOVEMBER 27, 2001
APPEARANCES: Mr. Munyonzwe Hamalengwa
For the Applicants
Ms. A. Leena Jaakkimainen
For the Respondent
SOLICITORS OF RECORD: Munyonzwe Hamalengwa
Barrister & Solicitor
45 Sheppard Avenue East
Suite 900
Toronto, Ontario
M2N 5W9
For the Applicants
Morris Rosenberg
Deputy Attorney General of Canada
For the Respondent
FEDERAL COURT OF CANADA
Date: 20011127
Docket: IMM-5162-01
Between:
WAYNE G. CHARLES and JENNIFER B. CINDY
Applicants
-and-
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER
AND ORDER