Federal Court Decisions

Date: 19971203

Docket: IMM-4848-97

BETWEEN:

     PHILLIP ANDREW LEVY,

     Applicant

     - and -

     THE MINISTER OF CITIZENSHIP AND IMMIGRATION,

     Respondent

     REASONS FOR ORDER

ROULEAU, J.

[1]      This was an application for a stay of a removal order which was to be executed November 24, 1997. The applicant arrived in Canada on July 12, 1990, as a visitor on an employment authorization valid to work as an entertainer. The permit expired July 20, 1990. He has continued to remain in Canada ever since.

[2]      After the expiry of his permit, he was called to attend the offices of Immigration Canada and told to report for an inquiry on November 6, 1990. He failed to appear and a warrant was issued.

[3]      He remained in Canada until he attempted to enter the United States in September of 1992 on false documents. He was detained and returned to Canada on December 2, 1992 by U.S. authorities after having served three months in jail. He had previously been deported from the United States under a different name. An exclusion order issued on February 17, 1993 and he failed to report for removal arrangements in January of 1996. A second warrant for deportation was issued on February 8, 1996 by the Detention and Removals Branch. He did not again come to the attention of Immigration until he was charged with drug traffic offenses by the R.C.M.P. As a result, a new warrant for removal was to be executed on July 19, 1997.

[4]      In January of 1993, the applicant met with a Case Presenting Officer in the Niagara Falls region and a marriage review was conducted at that time. The officer found that there existed major discrepancies between what he and his wife had to say in relation to the purported marriage.

[5]      At no time has the applicant challenged any of the removal orders and today he appears before the Court seeking a stay on the basis that he is married and has a child in Canada and has no relatives to receive him in Jamaica. He also suggests that the Court should await the outcome of a humanitarian and compassionate application that he filed during the week of November 11, 1997. As a result of all these applications and the fact that he is married, he suggests that he should be allowed to remain in Canada until the application under the H & C is processed and determined.

[6]      The validity of a departure order is not a serious issue. As well, an H & C application is not a barr to removal. Should the applicant be removed and at a later date receive a positive H & C determination, he would be relieved from complying with the requirements of the immigration regulations concerning a minimum of 70 points of assessment.

[7]      The removal may result in hardship but it certainly does not establish irreparable harm. Furthermore, the respondent has in interest in seeing to the implementation of a deportation order.

[8]      The application for stay of the deportation order was dismissed.

     JUDGE

OTTAWA, Ontario

December 3, 1997