Date: 20001219
Docket No.: IMM-6377-00
OTTAWA, ONTARIO, THIS 19th DAY OF DECEMBER, 2000
PRESENT: THE HONOURABLE MR. JUSTICE BLANCHARD
BETWEEN:
MEHDI ZARGARI
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER AND ORDER
(Delivered orally from the Bench on December 15, 2000)
[1] The motion before the Court is recognized to be a motion for the extraordinary remedy of a stay.
[2] The appropriate test to be applied in dealing with motions for a stay such as the matter before this Court is well established in the Toth1 decision.
[3] I will therefore apply the tripartite test in Toth to the present case. Based on the facts before me I find that there may well be a serious issue to be determined but fail to find irreparable harm.
[4] I have evidence before me that the applicant, step-father, married on September 9, 2000 and that the applicant and his wife resided together with her three children since November 1st, 2000.
[5] The evidence also supports that the applicant knew his wife since October 20, 1998. I also note that the applicant is not the natural father of the children.
[6] I fully appreciate and recognize that separation is undoubtedly disruptive and difficult for the family. However the applicant has only been married to his wife for some 3 months; and the applicant's new family has certainly been aware of his possible removal from Canada since they met.
[7] I have considered the best interest of the children in assessing all of the evidence before me and I fail to find irreparable harm.2
[8] I therefore find that the applicant has failed to meet the second part of the tripartite test set out in Toth.
[9] Finally, I urge the department of immigration to promptly deal with the spousal sponsorship application.
[10] For these reasons this application for stay is dismissed.
ORDER
The application for stay is dismissed.
Judge
__________________1 Toth v. Canada (1988) 86 N.R. 302, [1988] F.C.J. No. 587.
2 Hussey v. Canada (Minister of Citizenship and Immigration) [2000] F.C.J. No. 1279.