Date: 19980417
Docket: IMM-1679-98
BETWEEN:
PETER ALPHANSO WEIR,
Applicant,
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION OF CANADA,
Respondent.
REASONS FOR ORDER
MCKEOWN J.
[1] The applicant seeks to stay the execution of a departure order made against the applicant by Senior Immigration Officer, E. Dunn, subsequent to a determination that the applicant is a person in Canada, other than a Canadian citizen or permanent resident, who entered Canada as a visitor and remains in Canada for a period of time greater than that for which he is authorized pursuant to the Immigration Act. The applicant has been ordered to depart Canada on or before April 19, 1998.
[2] Pursuant to Verich et al v. Minister of Citizenship and Immigration (IMM-811-96, decision dated March 25, 1996) and Kaler v. Minister of Employment and Immigration, [1994] F.C.J. No. 134 (T.D.), I find that the application for a stay is premature and that the Court has no jurisdiction to hear it.
[3] Therefore, this application is dismissed.
W.P. McKeown
JUDGE
O T T A W A, Ontario
April 17, 1998.
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