Date: 19990909 IMM-4468-99
Ottawa, Ontario, this 9" day of September, 1999 Present: The Honourable Justice Nadon Between:
PARISSIS GARGANIS,
Applicant,
-and
THE MINISTER OF CITIZENSHIP AND IMMIGRATION,
Respondent.
ORDER & REASONS FOR ORDER
[1] UPON MOTION on behalf of the Applicant for a stay of execution of the Departure Order in respect of the Applicant;
[2] AND UPON reading the material before the Court;
[3] AND UPON hearing counsel for the parties by telephone conference;
The motion is denied since the Applicant has failed to demonstrate that his judicial review application raises a serious question to be tried. The Applicant has also failed to satisfy me that he will suffer irreparable harm if removed to Greece.
Page: 2
The Applicant is attacking the execution of a valid removal order. In my view, such an attack cannot succeed unless the removal order itself is challenged. Counsel for the Applicant made it clear that he was not challenging the removal order made against his client in December of 1992.
Further the Applicant does not deserve to be rewarded by this Court in view of his conduct since his arrival in Canada in 1987. For example, the Applicant was scheduled to be removed from Canada on March 15, 1994 but he did not report as required. Instead he disappeared & went into hiding. The Applicant was arrested by the Toronto police on September 1, 1999 & charged with obstruction of justice.
As a result he is presently in detention. His wife says that she intends to make a sponsorship application. The Applicant now has 2 children, born in 1995 and 1997. It is plain and obvious that the intention to sponsor the Applicant is in response to the respondent's intention to remove him.
I should perhaps mention that the Applicant claimed refugee status & that his claim was denied in 1992 for lack of a credible basis.
For these reasons, I am of the view that I should not exercise my discretion in favor of the Applicant.
Marc Nadon
Judge
FEDERAL COURT OF CANADA
TRIAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
| COURT FILE NO.: |
IMM-4468-99 |
| STYLE OF CAUSE: |
Parissis Garganis v. M.C.I. |
| PLACE OF HEARING: |
Ottawa, Ontario (Telephone Conference) |
| DATE OF HEARING: |
September 9, 1999 |
| ORDER AND REASONS FOR ORDER BY: |
The Honourable Mr. Justice Nadon |
| DATED: |
September 9, 1999 |
| APPEARANCES: |
|
| Mr. Munyonzwe Hamalengwa |
for the Applicant |
| Mr. Toby Hoffman |
for the Respondent |
| SOLICITORS OF RECORD: |
|
| Mr. Munyonzwe Hamalengwa |
|
| North York, Ontario r |
for the Applicant |
| Mr. Morris Rosenberg |
|
| Deputy Attorney General of Canada |
for the Respondent |