Date: 20031113
Docket: IMM-8506-03
Citation: 2003 FC 1340
Ottawa, Ontario, this 13th day of November, 2003
Present: THE HONOURABLE MR. JUSTICE O'REILLY
BETWEEN:
RENATO EDOARDO ORTIZ JUAREZ
Applicant
and
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER AND ORDER
[1] Mr. Juarez has asked me to stay the execution of an order requiring him to leave Canada for his native Peru on November 15, 2003. His request does not, however, disclose any legal basis on which the Court might order the exceptional remedy of a stay.
[2] Mr. Juarez argues that the removal officer should have deferred enforcement of the removal order on the basis that Mr. Juarez has a pending application for an exemption, based on humanitarian and compassionate grounds, from the usual requirement that applications for permanent residence be made from outside Canada. He feels his application is likely to be favourable and, relying on the recent case of Antablioghli v. Canada (Minister of Citizenship and Immigration) 2003 FC 1245, [2003] F.C.J. 1576 (QL) (F.C.), suggests that the officer should have postponed his departure. In Antablioghli, the applicant's request for permanent residency had been under consideration for 21 months and was almost certain to be successful. Here, Mr. Juarez had delayed making his humanitarian and compassionate application for 18 months after his unsuccessful refugee claim and it is uncertain whether it will be granted. I do not consider the two situations to be analogous and, therefore, cannot find a serious issue to be tried. As such, Mr. Juarez has failed to satisfy the first branch of the test for a stay: Toth v. Canada (Minister of Citizenship and Immigration), [1988] F.C.J. No. 587 (QL) (T.D.).
[3] That, of course, is enough to dispose of this motion. However, I wish also to add that Mr. Juarez has not presented evidence capable of satisfying the second branch of the test, proof of irreparable harm, either. His affidavit mentions fear of his father in Peru and the fact that he helps his mother in Canada when she is sick. This alone is insufficient to constitute evidence of irreparable harm.
ORDER
IT IS HEREBY ORDERED that:
4. The motion is dismissed.
"James W. O'Reilly"
Judge
FEDERAL COURT
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: IMM-8506-03
STYLE OF CAUSE: RENATO EDOARDO ORTIZ JUAREZ 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: NOVEMBER 13, 2003
WRITTEN REPRESENTATIONS BY:
Mr. Hamza Kisaka |
FOR THE APPLICANT |
|
FOR THE RESPONDENT |
SOLICITORS OF RECORD:
Barrister and Solicitor 1761 Eglinton Avenue West Toronto, Ontario M6E 2H7 |
FOR THE APPLICANT |
Deputy Attorney General of Canada Department of Justice |
FOR THE RESPONDENT |