Date: 20010227
Docket: IMM-826-01
Neutral citation: 2001 FCT 129
BETWEEN:
MOOSA MOHAMED BHAYAT
Applicant
- and -
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
REASONS FOR ORDER AND ORDER
HENEGHAN J.
[1] On the basis of the evidence submitted by Mr. Moosa Mohamed Bhayat (the "Applicant") for a stay of execution of the deportation order issued against him, I am not satisfied that he has met the standards of serious issue for trial and irreparable harm, as stated by the Federal Court of Appeal in Toth v. Canada (Minister of Employment and Immigration) (1998), 86 N.R. 302 (F.C.A). It is not necessary for me to review the issue of balance of convenience.
ORDER
[2] The motion for a stay is dismissed.
"E. Heneghan"
J.F.C.C.
Toronto, Ontario
February 27, 2001
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
| COURT NO: IMM-826-01 |
| STYLE OF CAUSE: MOOSA MOHAMED BHAYAT |
Applicant
- and -
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
| DATE OF HEARING: MONDAY, FEBRUARY 26, 2001 |
| PLACE OF HEARING: TORONTO, ONTARIO |
REASONS FOR ORDER
| AND ORDER BY: HENEGHAN J. |
DATED: TUESDAY, FEBRUARY 27, 2001
| APPEARANCES BY: Ms. Chantal Desloges |
| For the Applicant |
| Ms. Ann-Margaret Oberst |
| For the Respondent |
| SOLICITORS OF RECORD: Green & Spiegel |
Barristers & Solicitors
121 King Street West
Suite 2200
Toronto, Ontario
M5H 3T9
| For the Applicant |
| Morris Rosenberg |
Deputy Attorney General of Canada
| For the Respondent |
FEDERAL COURT OF CANADA
Date: 20010227
Docket: IMM-826-01
Between:
| MOOSA MOHAMED BHAYAT |
Applicant
- and -
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
| REASONS FOR ORDER |
AND ORDER