Date: 20030909
Docket: IMM-6774-03
Citation: 2003 FC 1046
BETWEEN:
HALIME BIDJERE
Applicant
and
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
Motion on behalf of the applicant for:
1. An interim order in the nature of a stay of proceedings pursuant to section 18.2 of the Federal Court Act staying the execution of a removal order made against the applicant scheduled for Wednesday, September 10, 2003 at 8:30 a.m.
2. The applicant seeks an order granting a stay of removal until such time as the application for leave and for judicial review has been disposed of and if leave is granted, then until such time as the judicial review has finally been disposed of by this Court.
3. Such further and other relief as this Court may allow.
PINARD J.
REASONS FOR ORDER
[1] The applicant is scheduled to be removed on September 10, 2003, at Lacolle and will enter the United States at the port of Champlain, State of New York.
[2] The applicant's arguments with respect to the serious issue are that the immigration officer disregarded the new facts which she brought to his attention before the deportation date and that the officer exercised his discretion in a patently unreasonable manner.
[3] Upon hearing counsel for the parties and reviewing the proceedings and the material filed, I agree with the respondent that the facts presented in the officer's affidavit and exhibits do not support the applicant's allegation. As well stated in paragraphs 36 to 39 of the respondent's written representations, these facts clearly show that the officer properly and fairly exercised his discretion not to defer removal. The applicant has certainly not demonstrated that the officer's decision is patently unreasonable, i.e. clearly irrational. As lack of a serious issue is, in itself, sufficient to justify the dismissal of this motion, the motion is dismissed.
Yvon Pinard
Judge
MONTREAL, QUEBEC
September 9, 2003
FEDERAL COURT
Date: 20030909
Docket: IMM-6774-03
BETWEEN:
HALIME BIDJERE
Applicant
and
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
REASONS FOR ORDER
FEDERAL COURT
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: IMM-6774-03
STYLE OF CAUSE: HALIME BIDJERE
Applicant
and
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
PLACE OF HEARING: Montreal, Quebec
DATE OF HEARING: September 8, 2003
ORDER AND REASONS FOR ORDER:
THE HONOURABLE MR. JUSTICE PINARD
DATED: September 9, 2003
APPEARANCES:
Me Viken G. Artinian FOR THE APPLICANT
Me Marie-Nicole Moreau FOR THE RESPONDENT
SOLICITORS OF RECORD:
Me Viken G. Artinian
Montreal, Quebec FOR THE APPLICANT
Morris Rosenberg FOR THE RESPONDENT
Deputy Attorney General of Canada
Montreal, Quebec
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