Date : 19990628
Docket: IMM -2947-99
Between:
MARINA BUHALZEV,
ELLE BUHALZEV,
KLOD BUHALZEV,
ZILIA BUHALZEV,
Plaintiffs,
AND:
THE MINISTER OF CITIZENSHIP AND IMMIGRATION,
Defendant.
REASONS FOR ORDER
DUBÉ J.
[1] This is an urgent motion to stay the execution of a removal order following a decision by the Refugee Board dismissing the claim of the principal plaintiff and that of his family.
[2] The application for leave and judicial review was filed on June 14, 1999, nearly eight months after the date the negative decision was communicated to the plaintiff. The latter claimed she did not receive the notice.
[3] Exhibit A supplementary attached to the affidavit of the secretary of the Quebec regional office states that the decision was sent to the plaintiff by prepaid regular mail at her home and to her counsel at the time, at his law office, on October 5, 1998. The plaintiff"s current counsel (who did not represent her before the panel) was informed of the decision on February 24, 1999, but did not establish that she had sufficient grounds to explain her delay in filing an application for leave.
[4] The panel"s decision indicated that the plaintiff"s testimony [TRANSLATION] "seems to have been made up in order to support" her claim and it regarded the testimony as lacking in credibility.
[5] Nothing in the allegations of the motions at bar or in the plaintiff"s affidavit in support of it establishes a serious question that could be a basis for a motion to stay. Further, the plaintiff"s very terse affidavit does not in any way show that she and the members of her family would suffer irreparable harm if they were sent back to Israel. She simply states that she fears for the life and security of her entire family, without saying why. She simply adopted the allegations made in the notice of motion, and those allegations are not based on any evidence.
[6] Accordingly, as the plaintiff did not establish the existence of a serious question or of irreparable harm, this motion for a stay cannot be allowed.
| J.E. Dubé Judge |
MONTRÉAL, QUEBEC
June 28, 1999
Certified true translation
Bernard Olivier, LL. B.
| Federal Court of Canada Trial Division Date: 19990628 Docket: IMM-2947-99 Between: MARINA BUHALZEV, ELLE BUHALZEV, KLOD BUHALZEV, ZILIA BUHALZEV, Plaintiffs, AND: THE MINISTER OF CITIZENSHIP AND IMMIGRATION, Defendant. REASONS FOR ORDER |
FEDERAL COURT OF CANADA
TRIAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
| COURT No.: IMM-2946-99 |
| STYLE OF CAUSE: MARINA BUHALZEV, |
ELLA BUHALZEV,
KLOD BUHALZEV,
ZILIA BUHALZEV,
Plaintiff,
AND:
| MINISTER OF CITIZENSHIP AND IMMIGRATION, |
Defendant.
PLACE OF HEARING: Montréal, Quebec
| DATE OF HEARING: June 28, 1999 |
REASONS FOR ORDER BY: DUBÉ J.
DATED: June 28, 1999
APPEARANCES:
| Jeannine Landry for the plaintiffs |
| My Dung Tran for the defendant |
SOLICITORS OF RECORD:
| Jeannine Landry for the plaintiffs |
Montréal, Quebec
| Morris Rosenberg for the defendant |
Deputy Attorney General of Canada
Montréal, Quebec
Date: 19990628
Docket: IMM-2947-99
MONTRÉAL, QUEBEC, JUNE 28, 1999
| BEFORE: DUBÉ J. |
BETWEEN: MARINA BUHALZEV,
ELLE BUHALZEV,
KLOD BUHALZEV,
ZILIA BUHALZEV,
Plaintiffs,
AND:
THE MINISTER OF CITIZENSHIP AND IMMIGRATION,
Defendant.
Motion by the plaintiffs to:
| ". be exempted from the filing and service deadlines; |
| ". obtain an order staying the execution of the removal order made on June 30, 1999 and allowing the plaintiffs to remain in Canada until a final decision is rendered. |
The whole without costs.
O R D E R
The application for a stay is dismissed.
| J.E. DUBÉ JUDGE |
|
Certified true translation
Bernard Olivier, LL. B.