Date: 20000815
Docket: IMM-5071-99
BETWEEN:
MARIA VALDE and BEATRIX BOKA
and DAVID TEMAR
Applicants
- and -
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
REASONS FOR ORDER
DUBÉ J.:
[1] This application is for the judicial review of the "decision" of Terri-Lynn Steffler, Enforcement Officer ("the Enforcement Officer"), to remove the applicants from Canada on October 19, 1999.
1. Facts
[2] On October 19, 1999, the applicants obtained an order from Mr. Justice O'Keefe of this Court staying their removal order until such time as the applicants' application for leave to commence judicial review is disposed of, and if leave to commence judicial review is granted then until such time as the application for judicial review is disposed of by a judge. The order also provided that the applicants' removal be stayed until their application for landing under subsection 114(2) of the Immigration Act ("the Act") has been determined, provided that the applicants resubmitted their application within 10 days from the date of the Order.
[3] On October 25, 1999, a resubmitted humanitarian and compassionate application was received from the applicant Maria Valde at the Case Processing Centre ("the CPC") of Vegreville, Alberta, which included her adult daughter and minor son as dependents.
[4] It is common ground that removal arrangements would be contemplated until and only if there is a negative decision with respect to the humanitarian and compassionate application which application is to be dealt with in August 2000. An immigration officer was assigned to schedule an interview with the applicants.
2. Issue
[5] The threshold issue to be determined is whether or not this application has been rendered moot because this Court has already issued a stay of the removal order, which remains operative until the humanitarian and compassionate application has been resolved.
3. Mootness
[6] At the outset, there is no "decision", written or oral, from the Enforcement Officer in this matter, according to the Manager of the Greater Toronto Enforcement Centre in his letter to the Registrar of this Court dated November 25, 1999, as appears in the Application Record. The letter was in response to the applicant's claim that the decision in question is an oral decision of the Enforcement Officer "who refused to consider whether the removal of the applicants was reasonably practicable".
[7] Under section 48 of the Act, subject to sections 49 and 50, "a removal order shall be executed as soon as reasonably practicable". In this instance, the Enforcement Officer refused to defer the removal of the applicants from Canada prior to the assessment of their humanitarian and compassionate application for landing in Canada. After she was notified of the stay decision of O'Keefe J. the Enforcement Officer cancelled the removal arrangements for the applicants and wrote to them advising them to provide her with sufficient evidence to determine that they had indeed complied with the conditions.
[8] The applicants having complied with the conditions imposed by O'Keefe J., the Enforcement Officer cannot proceed with their removal until the application for judicial review is disposed of. Clearly, the instant application for the judicial review of the Enforcement Officer's decision is moot.
[9] The application for judicial review is dismissed and there is no question of general importance to be certified.
OTTAWA, Ontario
August 15, 2000
Judge
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