Date: 20000911
Docket: IMM-4361-00
BETWEEN:
ANNESLEY BERTRAM GOMES
ROSEMARY ALOMA GOMES
ROZELLE NATASHA GOMES
MITCHELL BERTRAM GOMES
Applicants
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER AND ORDER
HENEGHAN J.
[1] The Applicants seek a stay of the deportation of the Applicants presently scheduled for September 17, 2000.
[2] The test governing the issuance of a stay of execution of a deportation order was set out by the Federal Court of Appeal in Toth v. Minister of Citizenship and Immigration (1988), 86 N.R. 302. The Applicants have to show that there is a serious issue arising from their application for judicial review, that irreparable harm will result to them if the stay is denied, and that the balance of convenience favours them.
[3] I am satisfied that the facts of this case sufficiently parallel the situation prevailing in Murugappah v. Canada (Minister of Citizenship and Immigration), [2000] F.C.J. No. 1075, that I can find that the Applicants have satisfied the requirement that the issue raised by the subsisting application for judicial review is not frivolous or vexatious. That is the test for determining whether a serious issue exists.
[4] On the issue of irreparable harm, I find that the circumstances of this case meet that test, too.
[5] There is evidence of economic dependency analogous to that considered by the Federal Court of Appeal in Toth, supra.
[6] Finally, I am satisfied that in the circumstances of this case, the balance of convenience favours the Applicants.
[7] Accordingly, the Notice of Motion for a stay of execution of the deportation order is granted until the Application for Judicial Review is decided and if leave is granted, until final disposition of this Application for Judicial Review.
"E. Heneghan"
J.F.C.C.
Toronto, Ontario
September 11, 2000
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
| COURT NO: IMM-4361-00 |
| STYLE OF CAUSE: ANNESLEY BERTRAM GOMES |
| ROSEMARY ALOMA GOMES |
| ROZELLE NATASHA GOMES |
| MITCHELL BERTRAM GOMES |
Applicants
| - and - |
| THE MINISTER OF CITIZENSHIP AND IMMIGRATION |
Respondent
| DATE OF HEARING: MONDAY, SEPTEMBER 11, 2000 |
| PLACE OF HEARING: TORONTO, ONTARIO |
REASONS FOR ORDER
| AND ORDER BY: HENEGHAN J. |
| DATED: MONDAY, SEPTEMBER 11, 2000 |
| APPEARANCES BY: Mr. Lorne Waldman |
| For the Applicants |
| Mr. David Tyndale |
For the Respondent
| SOLICITORS OF RECORD: Jackman, Waldman & Associates |
Barristers & Solicitors
281 Eglinton Avenue East
Toronto, Ontario
M4P 1L3
| For the Applicants |
Morris Rosenberg
Deputy Attorney General of Canada
For the Respondent
FEDERAL COURT OF CANADA
Date: 20000911
Docket: IMM-4361-00
BETWEEN:
| ANNESLEY BERTRAM GOMES |
| ROSEMARY ALOMA GOMES |
| ROZELLE NATASHA GOMES |
| MITCHELL BERTRAM GOMES |
Applicants
| - and - |
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
| REASONS FOR ORDER |
| AND ORDER |