Date: 19990210
Docket: IMM-261-99
BETWEEN :
LUTH BALANE DEJARDIN
AND
EMILE DEJARDIN
Applicants
AND:
MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
REASONS FOR ORDER
DUBÉ J.
[1] The applicants, representing themselves, seek mandamus to compel the respondent to process their two children"s applications for permanent residence in Canada once their right of appeal is granted.
[2] The respondent rightly maintains that this type of application for judicial review and mandamus cannot be brought during the General Sittings for the hearing of motions and must be subject to sections 300 ff of the Federal Court Rules. Consequently, the motion as brought cannot be heard. Since the applicants are representing themselves, I have asked counsel for the respondent to co-operate with them for the purpose of expediting the procedings as much as possible.
[3] As for the application for a stay of the removal order, the applicants have not demonstrated that this order has been issued against their children Sherwin and Clark Balane and that a removal date has been set. Consequently, the application for a stay is premature.
[4] Finally, it should be noted that the two children in question are of age and that nothing in the file indicates that they cannot commence an application themselves.
[5] Consequently, this motion, as brought, cannot be heard.
Montréal, Quebec
February 10, 1999 Jean-Eudes Dubé
Judge
Certified true translation
Monica F. Chamberlain
FEDERAL COURT OF CANADA
TRIAL DIVISION
Date: 19990210
Docket: IMM-261-99
BETWEEN:
LUTH BALANE DEJARDIN
AND
EMILE DEJARDIN
Applicants
AND:
MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
REASONS FOR ORDER
FEDERAL COURT OF CANADA
TRIAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
COURT NO.: IMM-261-99
STYLE OF CAUSE: LUTH BALANE DEJARDIN
and
EMILE DEJARDIN Applicants
| AND IMMIGRATION Respondent |
PLACE OF HEARING: MONTRÉAL, QUEBEC
DATE OF HEARING: February 8, 1999
REASONS FOR ORDER BY: DUBÉ J.
DATED: February 10, 1999
APPEARANCES :
Luth Balane Dejardin and
Emile Dejardin for themselves
Michel Synnott for the respondent
SOLICITORS OF RECORD:
Luth Balane Dejardin and
Emile Dejardin
Longueuil, Quebec for themselves
Morris Rosenberg
Deputy Attorney General of Canada
Ottawa, Ontario for the respondent
Date : 19990210
Docket: IMM-261-99
MONTRÉAL, QUEBEC, THE 10TH DAY OF FEBRUARY 1999
PRESENT: THE HONOURABLE JUDGE DUBÉ
BETWEEN :
LUTH BALANE DEJARDIN
AND
EMILE DEJARDIN
Applicants
AND
MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
ORDER
The motion as brought is denied.
Jean-Eudes Dubé
Judge
Certified true translation
Monica F. Chamberlain
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