Date: 20040129
Docket: IMM-690-04
Citation: 2004 FC 141
BETWEEN:
VANI ATANASOVA MILEVA
Applicant
and
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
REASONS FOR ORDER
[1] The applicant sought a stay of her prospective removal from Canada pending a decision concerning her application for permanent residence based on humanitarian and compassionate grounds (H & C application). Following the hearing on January 28, 2004, an Order was issued denying the application for a stay. These are brief reasons for the Court's decision.
[2] The applicant, a citizen of Bulgaria and her common-law spouse, a citizen of the Philippines, were denied refugee status in Canada. They have a Canadian-born child since January 2002. The applicant was advised that a decision was made with respect to her application concerning her Pre-removal Risk Assessment and that she was to attend at a meeting on January 15, 2004.
[3] On January 7, 2004, the applicant and her common-law spouse filed an application for permanent residence based on humanitarian and compassionate grounds, which is still outstanding.
[4] Assuming without deciding that there was a serious issue to be tried in this matter, I was not satisfied that the applicant had met the second element in the tripartite test in Toth v. Canada (Minister of Employment and Immigration) (1988), 86 N.R. 302 (F.C.A.).
[5] The applicant is being removed to the United States and then, probably to Bulgaria. It is incumbent upon the applicant to adduce evidence of irreparable harm and it must also be of a serious likelihood. I was not persuaded that such evidence was present in this case.
[6] The Court understands that the consequence of deportation will cause dislocation of the family but it does not constitute irreparable harm (Parsons v. Canada (Minister of Citizenship and Immigration), 2003 FC 913, [2003] F.C.J. No. 1161 (QL), at paragraph 10; Celis v. Canada (Minister of Citizenship and Immigration), 2002 FCT 1231, [2002] F.C.J. No. 1161 (T.D.) (QL)).
[7] I therefore issued an Order denying the application for a stay of removal of the applicant. The Court urges however that the H & C application be dealt with in a timely manner.
"Michel Beaudry" Judge
OTTAWA, Ontario
January 29, 2004
FEDERAL COURT
SOLICITORS OF RECORD
DOCKET: IMM-690-04
STYLE OF CAUSE : VANI ATANASOVA MILEVA
and
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
PLACE OF HEARING : Ottawa, Ontario by teleconference
DATE OF HEARING : January 28, 2004
REASONS FOR ORDER BY : The Honourable Mr. Justice Beaudry
DATED : January 29, 2004
APPEARANCES :
Frank Felkai FOR THE APPLICANT
Gordon Lee FOR THE RESPONDENT
SOLICITORS OF RECORD :
Rochon Genova FOR THE APPLICANT
Toronto, Ontario
Morris Rosenberg FOR THE RESPONDENT
Deputy Attorney General of Canada
Toronto, Ontario
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