Date: 20040204
Docket: IMM-10203-03
Citation: 2004 FC 185
Ottawa, Ontario, this 4th day of February, 2004
PRESENT: THE HONOURABLE MR. JUSTICE MICHAEL L. PHELAN
BETWEEN:
MANGAL SINGH
(a.k.a. AMRIK SINGH)
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER AND ORDER
PHELAN J.
[1] This is a motion on behalf of the Applicant, Mangal Singh (a.k.a. Amrik Singh) for:
a) an Order granting leave to file this motion on short notice;
b) an Order that the Applicant's removal scheduled for February 10, 2004 be stayed until such time as his application for leave and judicial review of a decision denying his application for permanent residence in Canada on humanitarian and compassionate grounds ("H & C" application) is determined by the Court.
Background
[2] The Applicant is a 28 year old citizen of India who came to Canada in March 1995 and made a claim for refugee status using a false name, Amrik Singh.
[3] That refugee claim was rejected on July 2, 1997.
[4] The Applicant then made a second refugee claim on July 22, 1997 using his correct name.
[5] This second refugee claim was rejected on August 8, 2003.
[6] On November 2, 2003 the Applicant submitted a H & C application for permanent residence on the basis of his spouse's undertaking of assistance. During the course of that process, the Applicant lied again, this time about his criminal record of convictions.
[7] This H & C application was rejected on November 6, 2003.
[8] In addition to all of the above proceedings, the Applicant applied for a Pre-Removal Risk Assessment ("PRRA") which was rejected on May 29, 2003.
[9] On January 7, 2004, the Applicant received his removal order.
[10] The Applicant is the owner of a small short-haul trucking company as well as a driver education business.
[11] The Applicant is the father of a 2 year old daughter born in Canada.
[12] In his affidavit the Applicant expresses concern that his removal from Canada would prejudice his leave and judicial review.
Reasons
[13] I need not reach a conclusion as to "serious issue" as this application may be dismissed on the basis of irreparable harm.
[14] The harm alleged to occur, which is family separation and economic impact are natural consequences of a deportation (see Melo v. Canada (Minister of Citizenship and Immigration) [2000] F.C.J. No. 403).
[15] There are no special circumstances or other factors which would justify viewing the consequences of removal, in this case, as anything but those natural consequences. The best interests of the child were adequately considered.
[16] As to the adverse impact on the application for leave and, if granted, the judicial review, this Court has consistently held that removal does not adversely affect those rights in the leave application or render the leave application moot (see Ryan v. Canada (Minister of Citizenship and Immigration) 2001 FCT 1413.).
[17] The Applicant has had a long run at the Canadian immigration system, his conduct has included lies and misrepresentations during the various proceedings. He is responsible for the natural consequences which flow from the denial of his unsuccessful attempts to remain in Canada.
ORDER
[18] IT IS ORDERED that the application for a stay is dismissed.
"Michael L. Phelan"
J.F.C.
Ottawa, Ontario
February 4, 2004
FEDERAL COURT OF CANADA
TRIAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: IMM-10203-03
STYLE OF CAUSE: MANGAL SINGH
(a.k.a. AMRIK SINGH)
- and -
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
PLACE OF HEARING: Toronto, Ontario
DATE OF HEARING: Monday, January 26, 2004
REASONS FOR ORDER AND ORDER OF PHELAN J.
DATED: Wednesday, February 4, 2004
APPEARANCES:
David Orman
FOR APPLICANT
Tamrat Gebeyehu
FOR RESPONDENT
SOLICITORS OF RECORD:
David Orman
Toronto, Ontario
FOR APPLICANT
Morris Rosenberg, Q.C.
Deputy Attorney General of Canada
FOR RESPONDENT
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