Docket: IMM-3855-00
Present: The Honourable Mr. Justice McKeown Between:
SATNAM SINGH NIZZAR,
Applicant,
-and
THE MINISTER OF CITIZENSHIP AND IMMIGRATION,
Respondent.
REASONS FOR ORDER
McKeown, J.:
"There is no serious issue. The conditional departure order was issued in 1994. Since that time a refugee claim has been dismissed, a Post Determination Refugee Class Claim has been dismissed and an H & C application was dismissed. A new H & C application made in Jan 2000 is outstanding. This latter application does not constitute an automatic stay. The Applicant's son is a Canadian citizen. The Removals officer does not have discretion to consider interest of Canadian children see Clarke v MCIIMM-3308-00 and Simeos v. MCIIMM-2664-00, IMM-2775-00.
deportation.
There also has been no showing of a serious issue with respect to the scheduling of
There is no irreparable harm evidence.
The balance of convenience favours the Respondent exercising her statutory mandate. The application for a stay is dismissed."
William P. McKeown
Judge
FEDERAL COURT OF CANADA TRIAL DIVISION
NAMES OF SOLICITORS AND SOLICITORS ON THE RECORD
COURT FILE NO.: IMM-3855-00
STYLE OF CAUSE: SATNAM SINGH NIZZAR v. MCI
HEARD BY TELECONFERENCE BETWEEN OTTAWA AND TORONTO DATE OF HEARING: Monday, July 24, 2000
REASONS FOR ORDER OF THE HONOURABLE MR. JUSTICE MCKEOWN DATED: July 24, 2000
APPEARANCES
Mr. Karan Singh Garewal FOR THE APPLICANT
Mr. Kevin Lunney FOR THE RESPONDENT
SOLICITORS ON THE RECORD:
Mr. Karan Singh Garewal FOR THE APPLICANT Toronto, Ontario
Mr. Morris Rosenberg FOR THE RESPONDENT Deputy Attorney General of Canada