Date: 20000908
Docket: IMM-4583-00
BETWEEN:
MARIA ABANTO ROJAS
Applicant
- and -
MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER
BLAIS J.
[1] This is a motion for a stay of the deportation order of the applicant.
[2] On July 4, 2000 a departure order was delivered by hand to the applicant.
[3] On August 3, 2000 the departure order turned automatically into a deportation order.
[4] A direction to report for removal was provided by hand to the applicant on August 17, 2000. This direction to report specified that the removal of the applicant from Canada was scheduled for Friday, September 1, 2000.
[5] The applicant failed to give the Court a convincing explanation as to why she waited so long to bring this last minute application.
[6] On June 29, 2000, an agreement was reached between the parties.
[7] On July 4, 2000, a new departure order reflecting the agreement between the parties was issued. The order provided the applicant with thirty (30) days to voluntarily leave Canada with her daughter.
[8] The applicant unsuccessfully tried to leave Canada for the United States on July 28, 2000.
[9] On August 30, 2000, the applicant filed an application for leave and for judicial review of the decision of Mr. Bob LeDuc, immigration officer, dated August 17, 2000, wherein the officer issued a direction to report for the removal.
[10] In my view, the agreement between the parties was not in any way related to a departure for the United States.
[11] Given that the applicant failed to leave Canada as she agreed to do, Canada Immigration had no other option than to issue the direction to report for Peru, as it did.
[12] The applicant failed to demonstrate that there is a serious issue to be tried.
[13] The applicant also failed to bring any evidence that she will suffer any irreparable harm if she is deported to Peru.
[14] For these reasons, this application for a stay is dismissed.
Pierre Blais
Judge
OTTAWA, ONTARIO
September 8, 2000