Firsova v. Canada (Minister of Citizenship and Immigration), 2003 FCT 156

Date: 20030213

Docket: IMM-723-03

Neutral citation: 2003 FCT 156

Toronto, Ontario, Thursday, the 13^th day of February, 2003

PRESENT:      THE HONOURABLE MR. JUSTICE JOHN A. O'KEEFE

BETWEEN:

                                       GALINA FIRSOVA, VLADIMIR FIRSOV and

ALEXANDR FIRSOV

                                                                                                                                                       Applicants

                                                                              - and -

                                THE MINISTER OF CITIZENSHIP & IMMIGRATION

                                                                                                                                                     Respondent

                                               REASONS FOR ORDER AND ORDER

•         This is a motion dated the 5th day of February, 2003 on behalf of the applicants:

1.         For leave for an order staying the removal and execution of the removal order enforced by Hughes Simard, enforcement officer, refusing to defer the removal on January 28, 2003 pending the decision of an immigration officer on the applicants' applications for permanent residence under subsection 25(1) of the Immigration and Refugee Protection Act.

2.         If leave is granted, for an order staying the removal and execution of the removal order enforced by Hughes Simard, enforcement officer, refusing to defer the removal on January 28, 2003 pending the decision of an immigration officer on the applicants' applications for permanent residence under subsection 25(1) of the Immigration and Refugee Protection Act.

[2]                 The applicants are the father, mother and younger brother of the affiant, Alexey Firsov who was sponsored by his wife who was landed in Canada on June 27, 2002.

[3]                 The family are citizens of Kazakhstan by birth.

[4]                 Alexey Firsov sponsored an application on humanitarian and compassionate ("H & C") grounds for the applicants on October 8, 2002.

[5]                 The applicants were notified on January 11, 2003 of their removal scheduled for February 14, 2003.

[6]                 The enforcement officer was requested on January 24, 2003 to defer this removal and this request was denied on January 28, 2003.

[7]                 The applicants, Galina Firsova and Vladimir Firsov are employed and have never relied on welfare since they came to Canada. The applicant, Alexandr Firsov is a student.

[8]                 In order to receive an order staying their removal, the applicants must satisfy me that (1) there is a serious issue to be tried; (2) irreparable harm will result to them if the stay is not granted; and (3) the balance of convenience favours granting the stay (see Toth v. Canada (Minister of Employment and Immigration) (1988) 86 N.R. 302 (F.C.A.).

[9]                 I am satisfied that the applicants have raised a serious issue to be tried, that issue being what factors did the officer take into consideration in refusing to defer the removal. I am also satisfied that the applicants have shown irreparable harm will result if the stay is refused in that the applicant, Alexandr Firsov's school year and his new found success in school will be interrupted. This is particularly significant when interim approval of the H & C application could occur in approximately two months. The balance of convenience favours the applicants.

[10]            The removal of the applicants scheduled for February 14, 2003 is stayed until the applicants' application for leave for judicial review is denied or if leave is granted, then until the application for judicial review is dealt with by the Court.

ORDER

IT IS ORDERED THAT:

The removal of the applicants scheduled for February 14, 2003 is stayed until the applicants' application for leave for judicial review is denied or if leave is granted, then until the application for judicial review is dealt with by the Court.

                                                                                                                                        "John A. O'Keefe"            

                                                                                                                                                          J.F.C.C.                      

FEDERAL COURT OF CANADA

TRIAL DIVISION

Names of Counsel and Solicitors of Record

DOCKET:                                              IMM-723-03

STYLE OF CAUSE:              GALINA FIRSOVA, VLADIMIR

FIRSOV and ALEXANDR FIRSOV

Applicants

- and -

THE MINISTER OF CITIZENSHIP

AND IMMIGRATION

Respondent

DATE OF HEARING:                        MONDAY, FEBRUARY 10, 2003

PLACE OF HEARING:                      TORONTO, ONTARIO

REASONS FOR ORDER

AND ORDER BY:                              O'KEEFE J.

DATED:                                                 THURSDAY, FEBRUARY 13, 2003

APPEARANCES BY:                          Mr. Mario Bellissimo

For the Applicants

Ms. Negar Hashemi

For the Respondent

SOLICITORS OF RECORD:           ORMSTON, BELLISSIMO, YOUNANA

Barristers & Solicitors

900-1000 Finch Avenue West

Toronto, Ontario

M3J 2V5

For the Applicants

Morris Rosenberg

Deputy Attorney General of Canada

For the Respondent

FEDERAL COURT OF CANADA

                                                                                                                   Date: 20030213

                                                                                                                     Docket: IMM-723-03

BETWEEN:

GALINA FIRSOVA, VLADIMIR

FIRSOV and ALEXANDR FIRSOV

Applicants

- and -

THE MINISTER OF CITIZENSHIP

AND IMMIGRATION

Respondent

REASONS FOR ORDER

AND ORDER