Date: 20000529
Docket: IMM-2709-00
BETWEEN:
JULIA CSANYI AND DOROTTYA TOTH
Applicants
- and -
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
REASONS FOR ORDER AND ORDER
BLAIS J.
[1] This is a motion for a stay of the removal of Julia Csanyi and her daughter Dorottya Toth on May 30th, 2000.
[2] The Applicant suggests that the Respondent has fettered his discretion in writing on May 8th, 2000:
| "As indicated in my previous reply to your office, dated March 22, 2000, allow approximately 8 months for file to be received. Please be advised that it is our Ontario regional policy not to expedite 114(2) application due to impending removal. Note that all applications will be reviewed and a decision will be rendered whether the subject is in Canada or has left." |
[3] I am not convinced that the officer had a duty to expedite the matter or that he fettered his discretion. Section 114(2) is a discretionary provision and a decision will be made according to the law. Furthermore, it is not possible considering the workload to expedite the decision each time there is a deportation order.
[4] In my view, there is no serious issue. Furthermore, I am not convinced that they would suffer irreparable harm should they return to Hungary. The loss of a school year although harmful is not by itself irreparable. There is no evidence adduced that the applicant"s life will be endangered in Hungary. She claimed that she suffered abuse while married. There is no evidence that the abuse continued when she divorced her husbands. As to the husband, the test provides that the irreparable harm be done to the applicant and not to a third party.
[5] This stay should be dismissed.
"Pierre Blais"
J.F.C.C.
Toronto, Ontario
May 29, 2000
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
| STYLE OF CAUSE: JULIA CSANYI AND DOROTTYA TOTH |
Applicants
-and-
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
| DATE OF HEARING: MONDAY, MAY 29, 2000 |
| PLACE OF HEARING: TORONTO, ONTARIO |
REASONS FOR ORDER AND
| DATED: MONDAY, MAY 29, 2000 |
APPEARANCES BY: Mr. Max Chaudhary
For the Applicants
Ms. Cheryl D. Mitchell
For the Respondent
SOLICITORS OF RECORD: Chaudhary Law Office
Barrister and Solicitor
18 Wynford Drive, Suite 707
North York, Ontario
M3C 3S2
For the Applicants
Morris Rosenberg
Deputy Attorney General of Canada
For the Respondent
FEDERAL COURT OF CANADA
Date: 20000529
Docket: IMM-2709-00
Between:
JULIA CSANYI AND DOROTTYA TOTH
Applicants
-and-
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
AND ORDER
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