Date: 20000926
Docket: IMM-4882-00
BETWEEN:
MARY MONIKA FRANK
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER AND ORDER
BLAIS J.
[1] This is a Motion for a stay of a Removal Order scheduled for September 29, 2000.
[2] Unfortunately, the Applicant failed to convince the Court that she will suffer irreparable harm if deported to Grenada.
[3] The onus is on the Applicant. There is no evidence that the Applicant's father is still interested in her or her children. There is no evidence either that she could not live elsewhere than where her father lives.
[4] In Simoes v. MEI (June 16, 2000), Court File No. IMM-2664-00, Justice Nadon said at paragraphs 18 and 19:
| [18] However, even if there is a serious issue, the Applicant has not convinced me that irreparable harm will result if this motion is not granted. In her Affidavit, the Applicant indicates that she believes she and her children will face the following |
| hardship if they go to Jamaica: she will not be able to find a job; if she does secure employment, she will not be able to earn enough money to support herself and her children; if her children accompany her, no one will take care of them while she is |
| working or looking for work; her children might become sick due to the living conditions; they will not have medical care since they will not be able to afford private medical care; her eight-year old daughter will lose her year in school if she leaves one month before the end of term; her children will face poor educational prospects in Jamaica; and her children will be deprived of the emotional support her family in Canada provides. She also states that she fears returning to Jamaica because she believes that her mother's former boyfriend, who she alleged before the Refugee Board had assaulted her, is still living in Jamaica and still capable of harming her and her children.15 Conversely, if she does not take her children to Jamaica, she states that her children will suffer emotional turmoil from the separation. In this regard, she submits a psychologist's report which indicates that |
| the children would be traumatized if they were separated from their mother, or alternatively, if they were confronted with the cultural shock of moving to Jamaica. Finally, the Applicant mentions that her youngest daughter needs a tonsils operation, and that she herself requires ongoing medical attention that she would not be able to afford in Jamaica. |
| [19] Unfortunately, I am not satisfied that these allegations are sufficient to demonstrate irreparable harm. The Applicant's overall contention seems to be that because Canada is a "better place" in which to live, irreparable harm will follow if she returns to Jamaica. She states in her Affidavit that she believes she will have slim or no job prospects in Jamaica and that even if she secures employment, she will still not be able to support herself and/or her children. In my opinion, this is pure speculation and conjecture. |
[5] The Applicant has many other relatives in Grenada that could help her including brothers and a sister, and she is over 30 years old and could live anywhere she decides in Grenada.
[6] The balance of convenience favours the Respondent who has an obligation to execute a removal order as soon as it is reasonable.
[7] It is not necessary to address the third element of the test.
[8] The motion for a stay is dismissed.
"Pierre Blais"
J.F.C.C
Toronto, Ontario
September 26, 2000
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
| COURT NO: IMM-4882-00 |
| STYLE OF CAUSE: MARY MONIKA FRANK |
Applicant
| - and - |
| THE MINISTER OF CITIZENSHIP AND IMMIGRATION |
Respondent
| DATE OF HEARING: MONDAY, SEPTEMBER 25, 2000 |
| PLACE OF HEARING: TORONTO, ONTARIO |
| REASONS FOR ORDER BY: BLAIS J. |
| DATED: TUESDAY, SEPTEMBER 26, 2000 |
| APPEARANCES BY: Ms. Ibi Olabode |
| For the Applicant |
| Ms. Ann Margaret Oberst |
| For the Respondent |
| SOLICITORS OF RECORD: Kissoon & Associates |
Barristers & Solicitors
8 Beamish Drive
Toronto, Ontario
M9P 3P3
| For the Applicant |
Morris Rosenberg
| Deputy Attorney General of Canada |
| For the Respondent |
FEDERAL COURT OF CANADA
Date: 20000926
Docket: IMM-4882-00
BETWEEN:
| MARY MONIKA FRANK |
Applicant
| - and - |
| THE MINISTER OF CITIZENSHIP AND IMMIGRATION |
Respondent
| REASONS FOR ORDER |