Date: 2004-01-30
Docket: IMM-10263-03
Citation: 2004 FC 171
Ottawa, Ontario, this 30th day of January 2004
Present: THE HONOURABLE MR. JUSTICE O'REILLY
BETWEEN:
JACINTHA SIVALINGAM
Applicant
and
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER AND ORDER
[1] Ms. Jacintha Sivalingam, a citizen of Sri Lanka, asks me to stay the execution of an order requiring her to leave Canada for Germany tomorrow. She arrived in Montréal from Germany on November 20, 2003 and presented a false passport bearing another person's name. Immigration officials found her to be inadmissible to Canada and ineligible to make a refugee claim. She has sought judicial review of those decisions and asks that her removal be delayed until those proceedings have been completed.
[2] Ms. Sivalingam submits that the officers erred in their decisions and that this, in itself, represents a serious issue that should be considered by this Court before she is removed. She also declares that if she is removed from Canada she will ultimately be returned to, and persecuted in, Sri Lanka. However, her affidavit does not disclose any basis for her alleged fear of persecution. There is no indication that any harm, let alone irreparable harm, might befall her if she were returned to Germany.
[3] Given the paucity of materials and evidence before me, I see nothing to be gained by hearing counsel on this motion. There is simply nothing before me that would justify issuance of the extraordinary remedy of a stay and no amount of advocacy could supply the omissions. I do note, however, that Ms. Sivalingam cannot be faulted for bringing this motion so late given that she was informed of her removal just yesterday. Still, the Court cannot grant the relief she requests without a proper legal and evidentiary foundation.
[4] Therefore, this motion is dismissed.
ORDER
THIS COURT ORDERS that:
1. The motion is dismissed.
"James W. O'Reilly"
Judge
FEDERAL COURT
SOLICITORS OF RECORD
DOCKET: IMM-10263-03
STYLE OF CAUSE: JACINTHA SIVALINGAM v.THE MINISTER OF CITIZENSHIP AND IMMIGRATION
MOTION DEALT WITH IN WRITING WITHOUT APPEARANCE OF PARTIES
REASONS FOR ORDER
AND ORDER BY: The Honourable Mr. Justice O'Reilly
DATED: January 30, 2004
WRITTEN REPRESENTATIONS BY:
Max Berger FOR THE APPLICANT
John Loncar FOR THE RESPONDENT
SOLICITORS OF RECORD:
MAX BERGER & ASSOCIATES FOR THE APPLICANT
Barrister & Solicitor
Toronto, Ontario
Morris Rosenberg FOR THE RESPONDENT
Deputy Attorney General of Canada