Date: 20010626
Docket: IMM-2945-01
Neutral citation:2001 FCT 705
BETWEEN:
ASHTON MOHAN
Applicant
-and-
THE MINISTER OF
CITIZENSHIP AND IMMIGRATION
Respondent
[1] Ashton Mohan is a young nineteen year old self represented male citizen of Trinidad and Tobago who seeks a stay of a departure order, that is, his obligation to leave Canada pursuant to subsections 27(2) and (4) of the Immigration Act (the "Act") until his leave application has been determined.
[2] Mr. Mohan came to this country in August of 1994 as a visitor and obtained a student visa to attend highschool. This visa expired in September 1998. Renewal was refused and, as a result, he has been in Canada without status since that time.
[3] I should add his mother came to Canada, made a failed refugee claim and was denied a section 9 exemption for lack of humanitarian and compassionate grounds.
[4] In his leave application, Mr. Ashton challenged the immigration officer's decision to issue the departure order on the grounds that the immigration officer erred in determining he was a person described in subsection 27(2) of the Act and failed to consider relevant evidence before him, namely, that all of his immediate family are in Canada who support him and he has one year left for graduation.
[5] On the other hand he states he will suffer hardship if he returns to his home country.
[6] Counsel for the respondent argues that Mr. Mohan has not raised a serious issue. I agree.
[7] Clearly, the applicant is a person who remains in Canada after his visitor's visa has expired (see paragraph 27(2)(e) of the Act.) In these circumstances an immigration officer must make a report under subsection 27(2) and a departure order must issue unless new arrangements are made.
[8] The kinds of considerations advanced by Mr. Mohan are not ones which an immigration officer can take into account in exercising his/her duties under section 27 of the Act. Other avenues are available under the Act for this purpose.
[9] For these reasons, this stay application is dismissed.
"François Lemieux"
J.F.C.C.
Toronto, Ontario
June 26, 2001
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
COURT NO: IMM-2945-01
STYLE OF CAUSE: ASHTON MOHAN
Applicant
-and-
THE MINISTER OF
CITIZENSHIP AND IMMIGRATION
Respondent
DATE OF HEARING: MONDAY, JUNE 25, 2001
PLACE OF HEARING: TORONTO, ONTARIO
REASONS FOR ORDER BY: LEMIEUX J.
DATED: TUESDAY, JUNE 26 2001
APPEARANCES BY: Ashton Mohan
For the Applicant, on his own behalf
Martin Anderson
For the Respondent
SOLICITORS OF RECORD: Ashton Mohan
1855 Jane Street
Apt. #1610
Toronto, Ontario
M9N 2T7
For the Applicant, on his own behalf
Morris Rosenberg
Deputy Attorney General of Canada
For the Respondent
FEDERAL COURT OF CANADA
Date: 20010626
Docket: IMM-2945-01
Between:
ASHTON MOHAN
Applicant
-and-
THE MINISTER OF
CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER