T-214-97
Between:
INDRABAHADUR YADAV and
PUNJAB SWEET HOUSE LTD.,
Applicants,
- and -
MINISTER OF HUMAN RESOURCES DEVELOPMENT,
Respondent.
REASONS FOR ORDER
DENAULT, J.
Assuming that this Court has jurisdiction, pursuant to Section 18.2 of the Federal Court Act, to issue a stay of the execution of a departure order, in order to be granted the stay or the setting aside of the departure order issued against him on January 23, 1997, the Applicant had to meet the tripartite test set out in Toth v. Canada (1989), 6 Imm. L.R. (2d) 123. The Applicant has failed to do so.
Firstly, there is no issue to be tried: the allegation that the departure was based upon the Minister of Human Resources Development's decision not to grant the application for an employment validation extension, which decision is the subject of the Originating Notice of Motion, was squarely denied by the decision- maker, Shirley Clou, in her affidavit. Secondly, in the affidavits filed in support of the motion, the Applicant and his employer allege mainly that he and his employer's business would financially suffer from the Applicant's return to India. This is no evidence that the Applicant would suffer irreparable harm.
The application to set aside the departure order made against the Applicant on January 23, 1997, is dismissed.
(Sgd.) "Pierre Denault"
Judge
March 6, 1997
Vancouver, British Columbia
NAMES OF COUNSEL AND SOLICITORS OF RECORD
STYLE OF CAUSE: INDRABAHADUR YADAV and PUNJAB SWEET HOUSE LTD.
- and -
MINISTER OF HUMAN RESOURCES DEVELOPMENT
COURT NO.: T-214-97
PLACE OF HEARING: Vancouver, BC
DATE OF HEARING: March 3, 1996
REASONS FOR ORDER OF DENAULT, J. dated March 6, 1997
APPEARANCES:
Mr. Moses Kajoba for Applicants
Mr. David Hansen forRespondent
SOLICITORS OF RECORD:
Dohm, Jaffer & Cashman for Applicants Vancouver, BC
George Thomson forRespondent Deputy Attorney General of Canada