Qayyum v. Canada, docket IMM-3088-96

     IMM-3088-96

     Applicant

     Respondent

     REASONS FOR ORDER

DENAULT J:

     At the outset of this hearing by telephone conference, I informed counsel that, having reviewed the file concerning the application for leave and for judicial review of the decision of the minister that the applicant is a danger to the public in Canada, the Court was satisfied that the applicant had raised an arguable issue of law and that leave will be granted. Therefore, I informed counsel that the Court was satisfied that the applicant has met the first element of the three-pronged test set out in TOTH, ([1988], 86 N.R. 302 FCA), i.e. seriousness of an issue.

     With respect to the irreparable harm issue, the evidence shows that since his release on parole in August 1996, the applicant has financially supported his wife and two young children by operating a small business, selling and delivering pizzas. His wife speaks a little english and would probably have to rely on social assistance if the applicant is deported, unless she goes with him. The applicant's youngest two-year old child, Maria, a Canadian citizen, has a heart problem that will eventually require heart surgery. To be deported may cause hardship on the applicant's family but there is no evidence whatsoever of jeopardy to his life or safety, should he be returned to Pakistan.

     With respect to the balance of convenience issue, there is no doubt, as counsel for the respondent argues, that the applicant's behaviour since his landing in Canada in 1991 has weighed a lot on the canadian criminal law and immigration systems, not to mention the health care system. Abusive use of stays can severely curtail the effectiveness of immigration legislation.

     This Court not being satisfied that the applicant will suffer irreparable harm and that the balance of convenience lies in his favour, his motion for a stay of the deportation order is dismissed.

OTTAWA, February 20, 1997

J.F.C.C.