Date: 20000411
Docket: IMM-1490-00
BETWEEN:
ELBERT, LEONID
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER AND ORDER
BLAIS J.
[1] This is a motion for a stay of removal of the applicant.
[2] Pursuant to the departure order dated October 6, 1998, the applicant was required to leave Canada.
[3] The departure order referred to is deemed to be a deportation order as of April 8, 2000.
[4] The applicant is required to appear before an immigration officer on April 13, 2000, at which time the date of the applicant"s removal from Canada will be scheduled.
[5] Pursuant to the affidavit of Mr. Bob Leduc, Enforcement Officer with the Ministry of Citizenship and Immigration, sworn April 10, 2000, it is anticipated that the removal will take place between April 13, 2000 and April 20, 2000.
[6] I read the written submissions by both parties and heard their oral submissions.
[7] To succeed, the applicant had to meet the tri-partite test for a stay.
[8] In my opinion, the applicant failed to demonstrate that he will suffer irreparable harm if deported to Israel.
[9] There is no evidence before this Court that the applicant will be arrested and imprisoned, should he be returned to Israel.
[10] For these reasons, the motion for a stay is dismissed.
Pierre Blais Judge
OTTAWA, ONTARIO
April 11, 2000