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Date: 20000615
Docket: IMM-2886-00
BETWEEN:
YORLENY ALVAREZ JIMENEZ
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER AND ORDER
BLAIS J.
[1] This is a motion for an order staying the departure order dated May 18, 2000.
[2] Essentially, the applicant wishes to extend her stay in Canada for a short period, namely until the end of the summer, because she wants to remain in Canada with a visitor status until July 31, 2000.
[3] The applicant is a citizen of Costa Rica, she arrived in Canada on September 11, 1999, through Montreal Dorval Airport and was granted a visitor"s visa until March 10, 2000.
[4] Her visa has already expired.
[5] I have carefully reviewed the affidavit of the applicant.
[6] In my view, there is nothing in her affidavit nor in the arguments sustained by her counsel before the Court, which could demonstrate in any way how the applicant would suffer an irreparable harm if she is returned to Costa Rica.
[7] She said in paragraph 11 of her affidavit:
| To date, my stay in Canada has been a bad experience but as of late, I have been enjoying myself and accordingly, I am seeking an extension of my visitor"s visa and I am appealing the decision of the Senior Immigration Officer so that I can enjoy the summer with my friends here in Canada. I intend to return to Costa Rica at the end of the summer and I am requesting a short extension only. I do not intend to stay in Canada for a long period of time. If I am granted an extension, I will peacefully and voluntarily return to my country on July 31, 2000. |
[8] A motion for a stay is a serious matter; the applicant shall demonstrate a serious issue, an irreparable harm, and that the balance of convenience favours the applicant.
[9] Given that the applicant failed to demonstrate that she will suffer an irreparable harm if she is sent back to Costa Rica, it is not necessary to address the two other elements of the tripartite test.
[10] For these reasons, the application for a stay is dismissed.
Pierre Blais
Judge
OTTAWA, ONTARIO
June 15, 2000