Federal Court Decisions

Date: 20031114

Docket: IMM-8918-03

Citation: 2003 FC 1349

Ottawa, Ontario, this 14^th day of November, 2003

Present:           THE HONOURABLE MR. JUSTICE O'REILLY

BETWEEN:

                                                                 SONYA SAMUELS

                                                                                                                                                       Applicant

                                                                                 and

                                  MINISTER OF CITIZENSHIP AND IMMIGRATION

                                                                                                                                                   Respondent

                                               REASONS FOR ORDER AND ORDER

[1]                 Ms. Samuels has asked me to stay the execution of an order requiring her to leave Canada for her native Jamaica on November 17, 2003. I find that she has satisfied the three-part test for a stay.

[2]                 Ms. Samuels has two children who are residents and citizens of Canada. She made an application for permanent residence in Canada on humanitarian and compassionate grounds about a year ago, but it will be at least another year before it is considered. She asked the removal officer to defer her departure out of consideration for her children's situation, but he refused without reasons. That being the case, there has been no assessment to date of the impact that her departure would have on her children. While the children are not of tender years (they are 18 and 21), there is evidence before me of their heavy reliance on their mother. The question whether the removals officer should have given their situation at least some consideration amounts to a serious issue.

[3]                 Removing Ms. Samuels before the foregoing issue can be considered by the Court would render nugatory any legal remedy that might ultimately be available to her. Such circumstances constitute irreparable harm: Melo v. Canada (Minister of Citizenship and Immigration), [2000] F.C.J. NO. 403 (QL) (T.D.).

[4]                 In light of the above, the balance of convenience lies in allowing Ms. Samuels to remain in Canada while pursuing her legal remedies.

                                                                            ORDER

THIS COURT ORDERS that:

1.          The removal order dated September 25, 2003 is stayed pending determination of the leave to seek judicial review and, if leave is granted, until final adjudication of the judicial review.

                                                                                                                                      "James W. O'Reilly"         

                                                                                                                                                               Judge

            

                                                                 FEDERAL COURT

                              NAMES OF COUNSEL AND SOLICITORS OF RECORD

DOCKET:                                             IMM-8918-03

STYLE OF CAUSE:                           SONYA SAMUELS v. MINISTER OF CITIZENSHIP AND IMMIGRATION

MOTION DEALT WITH VIA TELECONFERENCE

REASONS FOR ORDER

AND ORDER BY:                           THE HONOURABLE MR. JUSTICE O'REILLY

DATED:                                                NOVEMBER 14, 2003

WRITTEN REPRESENTATIONS BY:

SOLICITORS OF RECORD: