Date: 19991006
Docket: IMM-4554-99
BETWEEN:
ALEXANDER LATYCHKEVITCH
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER AND ORDER
CAMPBELL J.
[1] On this application for stay of the deportation order herein, I grant the application on the terms and for the reasons set out below.
[2] I find that the serious question to be tried in the judicial review herein is whether s. 32.02(1) of the Immigration Act offends sections 6(e) and 7 of the Charter of Rights and Freedoms, in that, by virtue of s.32.02(1) a departure order becomes a deportation order without a consultative process being engaged within which Charter concerns are canvassed.
[3] I find the irreparable harm to the applicant to be that he might be put into danger if he is removed to the Ukraine, these conclusions being based on the CRDD"s finding of fact that "the claimant faced a number of incidents of discrimination [in the Ukraine] due to his Jewish nationality and religion from his youth until he came to Canada".
[4] I also find that the balance of convenience rests with the applicant.
ORDER
[5] Accordingly, I hereby stay the deportation order herein until the question of leave is determined on the judicial review application herein.
[6] I also order that the applicant be allowed to amend the judicial review application herein to provide particulars of the Charter argument made. I also order that the amended application be filed not later than 4:30 p.m. on October 8, 1999, and I grant the respondent 14 days thereafter to file any reply considered necessary.
[7] As the matter of administration, I hereby direct that the application for leave on the judicial review application herein not be placed before a judge for consideration until the amended application is filed, if any, and the amended reply is filed, if any, by the times set out.
"Douglas R. Campbell"
Judge
Toronto, Ontario
October 6, 1999
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
| COURT NO: IMM-4554-99 |
STYLE OF CAUSE: ALEXANDER LATYCHKEVITCH
Applicant
- and -
| THE MINISTER OF CITIZENSHIP AND IMMIGRATION |
Respondent
| DATE OF HEARING: TUESDAY, OCTOBER 5, 1999 |
| PLACE OF HEARING: TORONTO, ONTARIO |
| REASONS FOR ORDER BY: CAMPBELL, J. |
DATED: WEDNESDAY, OCTOBER 6, 1999
APPEARANCES: Mr. Steve W. Rosenbaum
For the Applicant
Ms. Paige Purcell
For the Respondent
SOLICITORS OF RECORD: Rosenbaum, McKay, Glady
Barristers and Solicitors
257 Danforth Avenue
Toronto,Ontario
M4K 1N2
| For the Applicant |
Morris Rosenberg
Deputy Attorney General
of Canada
For the Respondent
FEDERAL COURT OF CANADA
Date: 19991006
Docket: IMM-4554-99
Between:
| ALEXANDER LATYCHKEVITCH |
Applicant
- and -
| THE MINISTER OF CITIZENSHIP AND IMMIGRATION |
Respondent
REASONS FOR ORDER