Date: 20010406
Docket: IMM-1728-01
Neutral Citation: 2001 FCT 302
BETWEEN:
MARIANO SPEZZANO
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER AND ORDER
BLAIS J.
[1] Upon motion on behalf of the applicant for a stay of execution of the deportation order dated August 22, 2000, in respect of the applicant.
[2] Upon reading the material before the Court.
[3] Upon hearing counsel for both parties by telephone conference.
[4] The applicant has been convicted of different criminal offences from 1977 until 2000. The last convictions are related to drug trafficking.
[5] I have carefully reviewed the report of Correctional Service. That report says at page 6:
During the assessment process the subject was not honest when providing information regarding his criminal activity and assumed no responsibility for it.
...This offender has demonstrated a pattern of pro-criminal attachments and has shown that he is very comfortable with the criminal lifestyle.
[6] I am not impressed with this report that was prepared in July 2001.
[7] The applicant failed to convince the Court that he would suffer irreparable harm if deported to Italy; no evidence was even provided.
[8] The balance of convenience favours the respondent that has the obligation to execute the deportation order as soon as it is reasonably practicable (section 48 of the Immigration Act).
[9] It is not necessary to address whether there is a serious issue.
[10] For these reasons, this application for a stay is denied.
Pierre Blais
Judge
OTTAWA, ONTARIO
April 6, 2001
Email this Content