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Date: 19980417


Docket: IMM-1679-98

BETWEEN:

     PETER ALPHANSO WEIR,

     Applicant,

     - and -

     THE MINISTER OF CITIZENSHIP AND IMMIGRATION OF CANADA,

     Respondent.

     REASONS FOR ORDER

MCKEOWN J.

[1]      The applicant seeks to stay the execution of a departure order made against the applicant by Senior Immigration Officer, E. Dunn, subsequent to a determination that the applicant is a person in Canada, other than a Canadian citizen or permanent resident, who entered Canada as a visitor and remains in Canada for a period of time greater than that for which he is authorized pursuant to the Immigration Act. The applicant has been ordered to depart Canada on or before April 19, 1998.

[2]      Pursuant to Verich et al v. Minister of Citizenship and Immigration (IMM-811-96, decision dated March 25, 1996) and Kaler v. Minister of Employment and Immigration, [1994] F.C.J. No. 134 (T.D.), I find that the application for a stay is premature and that the Court has no jurisdiction to hear it.

[3]      Therefore, this application is dismissed.

                                 W.P. McKeown

    

                                 JUDGE

O T T A W A, Ontario

April 17, 1998.

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