Date: 20030213
Docket: IMM-723-03
Neutral citation: 2003 FCT 156
Toronto, Ontario, Thursday, the 13th day of February, 2003
PRESENT: THE HONOURABLE MR. JUSTICE JOHN A. O'KEEFE
BETWEEN:
GALINA FIRSOVA, VLADIMIR FIRSOV and
ALEXANDR FIRSOV
Applicants
- and -
THE MINISTER OF CITIZENSHIP & IMMIGRATION
Respondent
1. For leave for an order staying the removal and execution of the removal order enforced by Hughes Simard, enforcement officer, refusing to defer the removal on January 28, 2003 pending the decision of an immigration officer on the applicants' applications for permanent residence under subsection 25(1) of the Immigration and Refugee Protection Act.
2. If leave is granted, for an order staying the removal and execution of the removal order enforced by Hughes Simard, enforcement officer, refusing to defer the removal on January 28, 2003 pending the decision of an immigration officer on the applicants' applications for permanent residence under subsection 25(1) of the Immigration and Refugee Protection Act.
[2] The applicants are the father, mother and younger brother of the affiant, Alexey Firsov who was sponsored by his wife who was landed in Canada on June 27, 2002.
[3] The family are citizens of Kazakhstan by birth.
[4] Alexey Firsov sponsored an application on humanitarian and compassionate ("H & C") grounds for the applicants on October 8, 2002.
[5] The applicants were notified on January 11, 2003 of their removal scheduled for February 14, 2003.
[6] The enforcement officer was requested on January 24, 2003 to defer this removal and this request was denied on January 28, 2003.
[7] The applicants, Galina Firsova and Vladimir Firsov are employed and have never relied on welfare since they came to Canada. The applicant, Alexandr Firsov is a student.
[8] In order to receive an order staying their removal, the applicants must satisfy me that (1) there is a serious issue to be tried; (2) irreparable harm will result to them if the stay is not granted; and (3) the balance of convenience favours granting the stay (see Toth v. Canada (Minister of Employment and Immigration) (1988) 86 N.R. 302 (F.C.A.).
[9] I am satisfied that the applicants have raised a serious issue to be tried, that issue being what factors did the officer take into consideration in refusing to defer the removal. I am also satisfied that the applicants have shown irreparable harm will result if the stay is refused in that the applicant, Alexandr Firsov's school year and his new found success in school will be interrupted. This is particularly significant when interim approval of the H & C application could occur in approximately two months. The balance of convenience favours the applicants.
[10] The removal of the applicants scheduled for February 14, 2003 is stayed until the applicants' application for leave for judicial review is denied or if leave is granted, then until the application for judicial review is dealt with by the Court.
ORDER
IT IS ORDERED THAT:
The removal of the applicants scheduled for February 14, 2003 is stayed until the applicants' application for leave for judicial review is denied or if leave is granted, then until the application for judicial review is dealt with by the Court.
"John A. O'Keefe"
J.F.C.C.
FEDERAL COURT OF CANADA
TRIAL DIVISION
Names of Counsel and Solicitors of Record
DOCKET: IMM-723-03
STYLE OF CAUSE: GALINA FIRSOVA, VLADIMIR
FIRSOV and ALEXANDR FIRSOV
Applicants
- and -
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
DATE OF HEARING: MONDAY, FEBRUARY 10, 2003
PLACE OF HEARING: TORONTO, ONTARIO
REASONS FOR ORDER
AND ORDER BY: O'KEEFE J.
DATED: THURSDAY, FEBRUARY 13, 2003
APPEARANCES BY: Mr. Mario Bellissimo
For the Applicants
Ms. Negar Hashemi
For the Respondent
SOLICITORS OF RECORD: ORMSTON, BELLISSIMO, YOUNANA
Barristers & Solicitors
900-1000 Finch Avenue West
Toronto, Ontario
M3J 2V5
For the Applicants
Morris Rosenberg
Deputy Attorney General of Canada
For the Respondent
FEDERAL COURT OF CANADA
Date: 20030213
Docket: IMM-723-03
BETWEEN:
GALINA FIRSOVA, VLADIMIR
FIRSOV and ALEXANDR FIRSOV
Applicants
- and -
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
REASONS FOR ORDER
AND ORDER