Date: 20000614
Docket: IMM-2388-00
BETWEEN:
LJUPCO SILJANOVSKI
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER AND ORDER
BLAIS J.
[1] I have heard on an urgent basis this motion for a stay by teleconference on June 13, 2000 at 2:00 p.m.
[2] In my view, this application for a stay should be rejected.
[3] Even though one could suggest that there is a serious issue to be tried, the applicant failed to demonstrate an irreparable harm.
[4] The applicant failed to show that he will face an irreparable harm if he returns to Macedonia. The applicant has had the benefit of a Refugee Division hearing and a PDRCC decision, both of which were negative.
[5] I am not convinced that his dislocation amounts to irreparable harm on his girlfriend, nor his wife who is separated from him and living in Canada, nor on his children who are living in Macedonia.
[6] The mere economic inconvenience does not either constitute irreparable harm, even though he will probably have to close some of his businesses.
[7] In Sanchez1, Justice Richard said:
| The fact that he may have to make arrangements to close his business and have some goods shipped from his residence in Canada to his new residence in Costa Rica does not constitute irreparable harm. |
[8] The balance of convenience favours the respondent who has the responsibility to execute a removal order as soon as reasonably practicable.
[9] For these reasons, this application for a stay of removal is dismissed.
[10] Upon being informed by counsel for the applicant of the correct spelling of the applicant"s name, the style of cause shall be amended.
Pierre Blais
Judge
OTTAWA, ONTARIO
June 14, 2000
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1 Sanchez v. Canada (Minister of Citizenship and Immigration) , (December 8, 1995), IMM-2884-95 (F.C.T.D.).
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