Date: 20000427
Docket: IMM-1144-00
BETWEEN:
RICARDO GILES
GRACIELA CALA DE GILES
CRISTIAN GILES
TAMARA GILES
Applicants
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER AND ORDER
(Delivered Orally from the Bench in Toronto, Ontario
on Tuesday, April 25, 2000)
HANSEN J.
Background
[1] On March 6, 2000, the applicants, who are not represented by counsel filed an application for leave and judicial review of the "validity of a removal order wherein the applicants were advised on February 19, 2000 that the applicants are scheduled to be removed from Canada to Argentina on March 28, 2000". It should be noted that what the applicants in fact received on February 19, 2000 was a Notice of Removal Arrangements.
[2] On March 28, 2000, an application for "an order for leave to apply for an order staying the execution of the removal order" was filed by the applicants and was heard by the Court. At the suggestion of Counsel for the respondent, the hearing was adjourned to this date to permit the applicant parents sufficient time to obtain a passport for their daughter who was born in Canada. This was in response to the affidavit of Ricardo Giles that an immediate removal would force the family to leave Canada without their daughter.
[3] Today, at the conclusion of the hearing of the application for the stay of the removal order, reasons for denying the application were delivered from the bench. The following are the reasons given which have been edited for clarity and readability.
Reasons
[4] Despite the enormous sympathy I have for the applicants, I am unable to find that they have demonstrated a serious issue to be tried. I should note that on the first date on which the application for the stay of the removal was heard, an adjournment was granted to permit Mr. Giles an opportunity to obtain a passport for his Canadian born daughter.
[5] Today, other than to explain that due to lack of funds he has taken no steps to have his status considered on humanitarian and compassionate grounds, he has not established any basis on which a Court could grant the application for leave and judicial review of the removal order. Indeed, there are serious concerns as to whether the Court would have the jurisdiction to consider such application.
[6] With respect to irreparable harm, in addition to wishing to remain in Canada for the welfare of his family, he indicated that he continues to have fears should he return to Argentina. I believe him in this regard, however, he has not satisfied the Court that the nature of the fear is such as would give rise to irreparable harm as contemplated in the test on stay applications.
[7] Had the applicants succeeded on the first two branches of the test, the balance of convenience in my view would clearly favour the applicants. For these reasons, the application for the stay of the removal order is dismissed.
ORDER
[8] The application for the stay of the removal order is dismissed.
"Dolores Hansen"
J.F.C.C.
Toronto, Ontario
April 27, 2000
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
| COURT NO: IMM-1144-00 |
| STYLE OF CAUSE: RICARDO GILES |
GRACIELA CALA DE GILES
CRISTIAN GILES
TAMARA GILES
- and -
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
| DATE OF HEARING: TUESDAY, APRIL 25, 2000 |
| PLACE OF HEARING: TORONTO, ONTARIO |
REASONS FOR ORDER
| AND ORDER BY: HANSEN J. |
| DATED: THURSDAY, APRIL 27, 2000 |
| APPEARANCES: Ricardo Giles, Graciela Cala de Giles |
Cristian Giles and Tamara Giles
| The Applicants on their own behalf |
| Ms. Diane Dagenais |
| For the Respondent |
| SOLICITORS OF RECORD: Ricardo Giles, Graciela Cala de Giles |
Cristian Giles and Tamara Giles
3345 Weston Road, #312
Toronto, Ontario
M9M 2V7
| For the Applicants |
Morris Rosenberg
Deputy Attorney General of Canada
| For the Respondent |
FEDERAL COURT OF CANADA
Date: 20000427
Docket: IMM-1144-00
Between:
| RICARDO GILES |
GRACIELA CALA DE GILES
CRISTIAN GILES
TAMARA GILES
Applicants
- and -
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
REASONS FOR ORDER
AND ORDER