Date: 20031021
Docket: IMM-8031-03
Citation: 2003 FC 1224
Toronto, Ontario, October 21st, 2003
Present: The Honourable Mr. Justice Lemieux
BETWEEN:
FERNANDO ERVAR MOSCA
MABEL OLGA PASSAROTTO
FABRICIO JULIAN MOSCA
MURICIO DANIEL MOSCA
Applicants
and
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER AND ORDER
[1] This motion by the Applicants, failed refugee claimants in which the credibility of their story was central to their rejection by the Immigration and Refugee Protection Act and citizens of Argentina, seek a stay of their deportation pending final determination of their application for leave and judicial review from a decision of a Pre-Removal Risk Assessment Officer must be dismissed.
[2] The Applicants have presented no evidence of irreparable harm if deported to the United States. If it is assumed that they will be deported by the American authorities to Argentina, the Applicants have failed to lead sufficient cogent, non speculative evidence, which was in the form generalized country conditions that they are at risk within the meaning of sections 96 and 97 of the Immigration and Refugee Protection Act nor have they shown lack of state protection by Argentina and that their leave application will be nugatory if a stay is not granted.
ORDER
THIS COURT ORDERS that this stay application is dismissed.
"François Lemieux"
J.F.C.
FEDERAL COURT
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: IMM-8031-03
STYLE OF CAUSE: FERNANDO ERVAR MOSCA
MABEL OLGA PASSAROTTO
FABRICIO JULIAN MOSCA
MURICIO DANIEL MOSCA
Applicants
and
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
PLACE OF HEARING: TORONTO, ONTARIO
DATE OF HEARING: OCTOBER 20, 2003
REASONS FOR ORDER
AND ORDER BY: LEMIEUX J.
APPEARANCES: Mr. Matthew Jeffery
FOR APPLICANTS
Mr. Gordon Lee
FOR RESPONDENT
SOLICITORS OF RECORD: Matthew Jeffery
Barrister & Solicitor
Toronto, Ontario
FOR APPLICANTS
Morris Rosenberg
Deputy Attorney General of Canada
FOR RESPONDENT
FEDERAL COURT
Date: 20031021
Docket: IMM-8031-03
BETWEEN:
FERNANDO ERVAR MOSCA
MABEL OLGA PASSAROTTO
FABRICIO JULIAN MOSCA
MURICIO DANIEL MOSCA
Applicants
and
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER
AND ORDER