Date: 19980220
Docket: IMM-4975-97
PRESENT: THE HONOURABLE MR. JUSTICE TEITELBAUM
BETWEEN:
DOUGLAS OSWALDO COTO ALVARENGA
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
ORDER AND REASONS FOR ORDER
On November 21, 1997, the applicant filed into the Federal Court Registry in Toronto an Application for Leave and for Judicial Review of the decision of Adjudicator K.J. Thomson dated October 13, 1995 wherein the Adjudicator issued a Conditional Departure Order to the applicant.
On the same date, the applicant filed a Notice of Motion to stay the execution of a removal order to El Salvador. As grounds for the said Notice of Motion, the applicant states:
| 1. Pursuant to S.49(1)(c)(i), Immigration Act, the Applicant has filed Application for Leave and for Judicial Review; |
| 2. It would be manifestly unfair to remove the Applicant pending the outcome of this Application, and his pending Application for Permanent Residence based on Humanitarian and Compassionate Grounds; |
| 3. The unique and unfortunate circumstances of the Applicant's nine year stay in Canada have never been fully and adequately reviewed; |
On November 24, 1997, I heard the submissions of both the applicant and the respondent. After the hearing, I took the matter of the stay issue under reserve and ordered the applicant not to be removed from Canada until his Humanitarian and Compassionate (H & C) application was decided.
I am now informed that the applicant's H & C application has been denied.
In order to obtain a stay of execution of a removal order, the applicant must convince the Court that he has an arguable case, will suffer irreparable harm if removed to El Salvador and that the balance of convenience is in his favour.
I have now considered the submissions made to me by the applicant and, unfortunately, I am not satisfied that the applicant has an arguable case nor that he will suffer irreparable harm if removed from Canada.
I have no evidence to indicate that the removal order issued is invalid.
The application for stay is denied.
"Max M. Teitelbaum"
J.F.C.C.