Wu v. Canada (Minister of Citizenship and Immigration), docket IMM-1684-00

Date: 20000404

Docket: IMM-1684-00

BETWEEN:

                                                             JIE HUA WU

                                                                                                                                Applicant

                                                                   - and -

                                         THE MINISTER OF CITIZENSHIP

                                                    AND IMMIGRATION

                                                                                                                            Respondent

                                      REASONS FOR ORDER AND ORDER

REED, J

UPON MOTION, dated the 4^th day of April, 2000, on behalf of the Applicant for:

(a)         Short leave to have this motion heard pursuant to Rule 362 of the Federal Court Rules;

(b)         An interim order pursuant to s. 18.2 of the Federal Court Act or alternatively, the court's inherent jurisdiction, staying the execution of a removal order issued against the Applicant and thereby prohibiting the Respondent from removing the Applicant from Canada until such time as:

(i)          the within Application for Leave and Judicial Review has been dealt with, or,

(ii)         alternatively, until such time as the Applicant's spousal's sponsorship application for Exemption from Immigrant Visa Requirement has been decided upon and the Applicant has exhausted all appeal rights thereto in the event of a negative decision.

(c)         A writ of mandamus pursuant to s. 18.1 of the Federal Court Act requiring the Respondent to consider, and make a decision on the Applicant's inland spousal sponsorship application for Exemption from Immigrant Visa Requirement prior to removing the Applicant from Canada.

AND UPON applying the Toth decision:

I have not been persuaded that there is a serious issue to be tried; the evidence filed by the applicant does not raise a serious issue with respect to the granting of an extension of time of almost a year for the filing of his application for leave to commence a judicial review proceeding of the PDRCC decision of April 30, 1999;

In addition, not having raised the issue of the validity of the twenty-two day time limit for the filing of PDRCC applications, before now, means there is a significant gap in the factual basis of the application;

The evidence alleged to support a finding of irreparable harm is general and speculative, it is not sufficient to raise an inference that this particular individual will suffer irreparable harm if returned to China;

THEREFOR THIS COURT ORDERS that

The motion for a stay of the deportation order is dismissed.

(Sgd.) "B. Reed"

         Judge

April 4, 2000

Vancouver, British Columbia

FEDERAL COURT OF CANADA IMMIGRATION DIVISION

NAMES OF COUNSEL AND SOLICITORS ON THE RECORD

COURT FILE NO.:                      IMM-1684-00

STYLE OF CAUSE:                   Re Hua Wu v.

MCI

PLACE OF HEARING:              Vancouver, British Columbia

DATE OF HEARING:                 April 4, 2000

REASONS FOR ORDER AND ORDER OF REED, J

DATED:                                       April 4, 2000

APPEARANCES:

Mr. Peter P. Dimitrov                  For the Applicant

Mr. Victor Caux                           For the Respondent

SOLICITORS OF RECORD:

Mr. Peter P. Dimitrov Barrister and Solicitor Delta, BC    For the Applicant

Morris Rosenberg Deputy Attorney General of Canada For the Respondent