Danilo v. Canada (Minister of Citizenship and Immigration), 2002 FCT 438

Date: 20020417

Docket: IMM-1721-02

Neutral citation: 2002 FCT 438

Ottawa, Ontario, April 17, 2002

Before: Pinard J.

Between:

RONY DANILO FIGUEROA

Plaintiff

- and -

THE MINISTER OF CITIZENSHIP

AND IMMIGRATION

Defendant

REASONS AND ORDER

[1]        The instant motion was heard by teleconferencing call on April 17, 2002. The plaintiff wished a stay of the deportation order which became executory against him on March 24, 1997, and was in fact to be carried out on April 18, 2002. He sought this stay until the Court had disposed of his application for leave and judicial review, recently filed on April 16, 2002, against the decision to deport him [TRANSLATION] "without reviewing his application based on humanitarian considerations".

[2]        No application for exemption on humanitarian grounds under s. 114(2) of the Immigration Act, R.S.C. 1985, c. I-2 ("the Act") has yet been filed by the plaintiff. In my opinion, he could and should have done so much earlier, in the days following September 27, 2001, the date on which the Supreme Court of Canada dismissed his application for leave to appeal in case (FC) (Civil) 28629, thus affirming the original prior decision rejecting the application for permanent residence in Canada by the plaintiff and his family. The plaintiff therefore failed to establish the existence of a serious question relating to his aforementioned application for leave and judicial review (see Simoes v. Canada (M.C.I.), [2000] F.C.J. No. 936 (T.D.) (QL)).

[3]        Further, the fears of irreparable harm expressed by the plaintiff if he returns to the U.S. are purely speculative, in view of the absence of any specific evidence in that regard. In the circumstances, the public interest requires that the removal order in question be carried out as soon as circumstances permit (s. 48 of the Act).

[4]        The application for a stay is accordingly dismissed.

Certified true translation

Suzanne M. Gauthier, C. Tr., LL.L.

                                                    FEDERAL COURT OF CANADA

                                                                 TRIAL DIVISION

                                                          SOLICITORS OF RECORD

FILE:                                                                               IMM-1721-02

STYLE OF CAUSE:                                                     Rony Danilo Figueroa

- and -

The Minister of Citizenship and Immigration

PLACE OF HEARING:                                                Ottawa, Ontario

DATE OF HEARING:                                                  April 17, 2002

REASONS FOR ORDER:                                           Pinard J.

DATE OF REASONS:                                                  April 17, 2002

APPEARANCES:

Rony Danilo Figueroa                                                        FOR THE PLAINTIFF

Sébastien Dasylva                                                              FOR THE DEFENDANT

SOLICITORS OF RECORD:

Rony Danilo Figueroa                                                        FOR THE PLAINTIFF

Verdun, Quebec

Morris Rosenberg                                                              FOR THE DEFENDANT

Deputy Attorney General of Canada