Date: 19990510
Docket: IMM-2292-99
BETWEEN: VLADIMIR FERTIH
-and-
ANNA BROVKINA
-and-
ANASTASIA FERTIH
Applicants
AND
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
-and-
MS. JOSÉE GROULX C/O CENTRE IMMIGRATION CANADA
CANADA IMMIGRATION CENTRE
Respondents
REASONS FOR ORDER
ROULEAU J.
[1] This is an application for a stay of a deportation order that is to be executed May 13, 1999.
[2] The Applicants, citizens of Kazakhstan, claimed refugee status in January 1996 after having entered Canada from the United States of America in November of 1995.
[3] The refugee claim was refused in October of 1997; Judicial Review was denied on the merits in October of 1998. A further application under PDRCC was also negative.
[4] The female applicant gave birth to a child in Canada in June of 1998.
[5] An application under Section 114(2) of the Immigration Act seeking Ministerial exemption was filed January 18, 1999. A letter indicating that the exemption was not warranted was provided on April 28, 1999.
[6] Application for Judicial Review of the April 28, 1999 decision was filed May 5, 1999 but not yet determined.
[7] In April of 1999, the applicants were advised to attend at Immigration Canada on April 20 in order to indicate when they would leave Canada in accordance with the outstanding removal direction.
[8] Previously in November of 1998, while making inquiries at Immigration Canada, they indicated that if they were to be deported, they wished to be returned to the United States.
[9] They were subsequently advised that the child could not accompany them to the United States but they persist even today to be deported to the United States rather than Kazakhstan.
[10] The main submission for granting the stay of the Deportation Order relates to the uncertainty surrounding the child who is a "Canadian citizen".
[11] I am not satisfied that the test as maintained in the jurisprudence allows for the Court to exercise its discretion favourably.
[12] The application is dismissed.
Paul U.C. Rouleau
Judge
MONTREAL, QUEBEC
May 10, 1999
FEDERAL COURT OF CANADA
TRIAL DIVISION DIVISION
NAMES OF COUNSEL AND SOLICITORS ON THE RECORD
COURT FILE NO.: IMM-2292-99
STYLE OF CAUSE: VLADIMIR FERTIH
-and-
ANNA BROVKINA
-and-
ANASTASIA FERTIH
Applicants
AND
THE MINISTER OF CITIZENSHIP AND
IMMIGRATION
-and-
MS. JOSÉE GROULX C/O CENTRE
IMMIGRATION CANADA/CANADA
IMMIGRATION CENTRE
Respondents
PLACE OF HEARING: Montreal, Quebec
DATE OF HEARING: May 10, 1999
REASONS FOR ORDER OF ROULEAU J.
DATED: May 10, 1999
APPEARANCES:
Mr. David Farrell for the Applicants
Mr. Michel Synnott for the Respondents
SOLICITORS OF RECORD:
GREY CASGRAIN
Montreal, Quebec for the Applicants
Morris Rosenberg
Deputy Attorney General of Canada
Montreal, Quebec for the Respondents