Date: 20000706
Docket: IMM-2983-00
BETWEEN:
JOSIF ALEXANDRU BODY and DIANA BODY
Applicants
AND:
MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER
[1] The application for a stay of the execution of a removal order was denied on Monday, June 19, 2000. Following are the brief reasons which I indicated I would render.
[2] The applicants are citizens of Romania and/or Hungary and in December of 1999 the Refugee Board determined that they were not Convention refugees. A decision by the Post-Determination Refugee Claimants Tribunal was rendered May 12, 2000. Once again, it was determined that this application was unfounded.
[3] Counsel for these applicants urged before the Court that they have been here two years and that they now have a child born in Canada and they should be allowed to remain primarily on the strength that their son is a Canadian citizen and should be entitled to all the benefits of being raised in a Canadian society.
[4] This application cannot meet the tri-partite test; there is no serious issue, the loss of employment by both of the applicants does not constitute irreparable harm, nor is there any evidence that the Romanian or Hungarian governments wish these applicants any harm and, as the Refugee Board determined, the applicants are not at risk.
[5] They came to this country illegally, were already granted two hearings by different boards under the Immigration Act; no one has contested the validity of the removal order and to entertain a stay of the execution of the deportation order would be completely contrary to public policy and the duty imposed by the Immigration Act upon the Minister which is to execute deportation orders as soon as reasonably practical.
[6] To allow this young couple to remain in Canada would be an absolute abuse of the system and an example of queue-jumping that one should not tolerate.
JUDGE
OTTAWA, Ontario
July 6, 2000