Date: 20000404
Docket: IMM-1684-00
BETWEEN:
JIE HUA WU
Applicant
- and -
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
REASONS FOR ORDER AND ORDER
REED, J
UPON MOTION, dated the 4th day of April, 2000, on behalf of the Applicant for:
(a) Short leave to have this motion heard pursuant to Rule 362 of the Federal Court Rules;
(b) An interim order pursuant to s. 18.2 of the Federal Court Act or alternatively, the court's inherent jurisdiction, staying the execution of a removal order issued against the Applicant and thereby prohibiting the Respondent from removing the Applicant from Canada until such time as:
(i) the within Application for Leave and Judicial Review has been dealt with, or,
(ii) alternatively, until such time as the Applicant's spousal's sponsorship application for Exemption from Immigrant Visa Requirement has been decided upon and the Applicant has exhausted all appeal rights thereto in the event of a negative decision.
(c) A writ of mandamus pursuant to s. 18.1 of the Federal Court Act requiring the Respondent to consider, and make a decision on the Applicant's inland spousal sponsorship application for Exemption from Immigrant Visa Requirement prior to removing the Applicant from Canada.
AND UPON applying the Toth decision:
I have not been persuaded that there is a serious issue to be tried; the evidence filed by the applicant does not raise a serious issue with respect to the granting of an extension of time of almost a year for the filing of his application for leave to commence a judicial review proceeding of the PDRCC decision of April 30, 1999;
In addition, not having raised the issue of the validity of the twenty-two day time limit for the filing of PDRCC applications, before now, means there is a significant gap in the factual basis of the application;
The evidence alleged to support a finding of irreparable harm is general and speculative, it is not sufficient to raise an inference that this particular individual will suffer irreparable harm if returned to China;
THEREFOR THIS COURT ORDERS that
The motion for a stay of the deportation order is dismissed.
(Sgd.) "B. Reed"
Judge
April 4, 2000
Vancouver, British Columbia
FEDERAL COURT OF CANADA IMMIGRATION DIVISION
NAMES OF COUNSEL AND SOLICITORS ON THE RECORD
COURT FILE NO.: IMM-1684-00
STYLE OF CAUSE: Re Hua Wu v.
MCI
PLACE OF HEARING: Vancouver, British Columbia
DATE OF HEARING: April 4, 2000
REASONS FOR ORDER AND ORDER OF REED, J
DATED: April 4, 2000
APPEARANCES:
Mr. Peter P. Dimitrov For the Applicant
Mr. Victor Caux For the Respondent
SOLICITORS OF RECORD:
Mr. Peter P. Dimitrov Barrister and Solicitor Delta, BC For the Applicant
Morris Rosenberg Deputy Attorney General of Canada For the Respondent