Date: 20011003
Docket: IMM-4484-01
Neutral citation: 2001 FCT 1091
BETWEEN:
KAZIM CIRAHAN
Applicant
and
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
ORDER AND REASONS FOR ORDER
NADON J.
[1] Although Ms. Rochester made very forceful arguments with respect to the existence of a serious question, I need not decide this issue.
[2] After reviewing the evidence and considering the arguments made by both sides, I have not been persuaded that irreparable harm will result if I do not grant the Applicant the stay which he seeks to obtain.
[3] Thus, as the Applicant has not met the relevant test, as enunciated by the Federal Court of Appeal in Toth v. Minister of Employment and Immigration, (1988) 86 N.R. 302, his application for a stay of execution of the deportation order made against him is dismissed.
Marc Nadon
Judge
Montreal, Quebec
October 3, 2001
FEDERAL COURT OF CANADA
TRIAL DIVISION
Date: 20011003
Docket: IMM-4484-01
BETWEEN:
KAZIM CIRAHAN
Applicant
and
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
ORDER AND
REASONS FOR ORDER
FEDERAL COURT OF CANADA
TRIAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: IMM-4484-01
STYLE OF CAUSE: KAZIM CIRAHAN
Applicant
and
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
PLACE OF HEARING: Montreal, Quebec
DATE OF HEARING: October 1, 2001
ORDER AND REASONS FOR ORDER OF
THE HONOURABLE MR. JUSTICE NADON
DATED: October 3, 2001
APPEARANCES:
Ms. Vonnie E. Rochester FOR APPLICANT
Mr. François Joyal FOR RESPONDENT
SOLICITORS OF RECORD:
Ms. Vonnie E. Rochester FOR APPLICANT
Morris Rosenberg
Deputy Attorney General of Canada
Montreal, Quebec FOR RESPONDENT
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