Spezzano v. Canada (Minister of Citizenship and Immigration)
Source text
Spezzano v. Canada (Minister of Citizenship and Immigration) Court (s) Database Federal Court Decisions Date 2001-04-06 Neutral citation 2001 FCT 302 File numbers IMM-1728-01 Decision Content Date: 20010406 Docket: IMM-1728-01 Neutral Citation: 2001 FCT 302 BETWEEN: MARIANO SPEZZANO Applicant - and - THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent REASONS FOR ORDER AND ORDER BLAIS J. [1] Upon motion on behalf of the applicant for a stay of execution of the deportation order dated August 22, 2000, in respect of the applicant. [2] Upon reading the material before the Court. [3] Upon hearing counsel for both parties by telephone conference. [4] The applicant has been convicted of different criminal offences from 1977 until 2000. The last convictions are related to drug trafficking. [5] I have carefully reviewed the report of Correctional Service. That report says at page 6: During the assessment process the subject was not honest when providing information regarding his criminal activity and assumed no responsibility for it. ...This offender has demonstrated a pattern of pro-criminal attachments and has shown that he is very comfortable with the criminal lifestyle. [6] I am not impressed with this report that was prepared in July 2001. [7] The applicant failed to convince the Court that he would suffer irreparable harm if deported to Italy; no evidence was even provided. [8] The balance of convenience favours the respondent that has the obligation to execute the deportati…
Full judgment (source text)
Mirrored from decisions.fct-cf.gc.ca — the linked original is authoritative.
Spezzano v. Canada (Minister of Citizenship and Immigration) Court (s) Database Federal Court Decisions Date 2001-04-06 Neutral citation 2001 FCT 302 File numbers IMM-1728-01 Decision Content Date: 20010406 Docket: IMM-1728-01 Neutral Citation: 2001 FCT 302 BETWEEN: MARIANO SPEZZANO Applicant - and - THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent REASONS FOR ORDER AND ORDER BLAIS J. [1] Upon motion on behalf of the applicant for a stay of execution of the deportation order dated August 22, 2000, in respect of the applicant. [2] Upon reading the material before the Court. [3] Upon hearing counsel for both parties by telephone conference. [4] The applicant has been convicted of different criminal offences from 1977 until 2000. The last convictions are related to drug trafficking. [5] I have carefully reviewed the report of Correctional Service. That report says at page 6: During the assessment process the subject was not honest when providing information regarding his criminal activity and assumed no responsibility for it. ...This offender has demonstrated a pattern of pro-criminal attachments and has shown that he is very comfortable with the criminal lifestyle. [6] I am not impressed with this report that was prepared in July 2001. [7] The applicant failed to convince the Court that he would suffer irreparable harm if deported to Italy; no evidence was even provided. [8] The balance of convenience favours the respondent that has the obligation to execute the deportation order as soon as it is reasonably practicable (section 48 of the Immigration Act). [9] It is not necessary to address whether there is a serious issue. [10] For these reasons, this application for a stay is denied. Pierre Blais Judge OTTAWA, ONTARIO April 6, 2001
Source: decisions.fct-cf.gc.ca
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