Samuels v. Canada (Minister of Citizenship and Immigration)
Court headnote
Samuels v. Canada (Minister of Citizenship and Immigration) Court (s) Database Federal Court Decisions Date 2003-11-14 Neutral citation 2003 FC 1349 File numbers IMM-8918-03 Decision Content Date: 20031114 Docket: IMM-8918-03 Citation: 2003 FC 1349 Ottawa, Ontario, this 14th day of November, 2003 Present: THE HONOURABLE MR. JUSTICE O'REILLY BETWEEN: SONYA SAMUELS Applicant and MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent REASONS FOR ORDER AND ORDER [1] Ms. Samuels has asked me to stay the execution of an order requiring her to leave Canada for her native Jamaica on November 17, 2003. I find that she has satisfied the three-part test for a stay. [2] Ms. Samuels has two children who are residents and citizens of Canada. She made an application for permanent residence in Canada on humanitarian and compassionate grounds about a year ago, but it will be at least another year before it is considered. She asked the removal officer to defer her departure out of consideration for her children's situation, but he refused without reasons. That being the case, there has been no assessment to date of the impact that her departure would have on her children. While the children are not of tender years (they are 18 and 21), there is evidence before me of their heavy reliance on their mother. The question whether the removals officer should have given their situation at least some consideration amounts to a serious issue. [3] Removing Ms. Samuels before the foregoing issue can be consid…
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Samuels v. Canada (Minister of Citizenship and Immigration) Court (s) Database Federal Court Decisions Date 2003-11-14 Neutral citation 2003 FC 1349 File numbers IMM-8918-03 Decision Content Date: 20031114 Docket: IMM-8918-03 Citation: 2003 FC 1349 Ottawa, Ontario, this 14th day of November, 2003 Present: THE HONOURABLE MR. JUSTICE O'REILLY BETWEEN: SONYA SAMUELS Applicant and MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent REASONS FOR ORDER AND ORDER [1] Ms. Samuels has asked me to stay the execution of an order requiring her to leave Canada for her native Jamaica on November 17, 2003. I find that she has satisfied the three-part test for a stay. [2] Ms. Samuels has two children who are residents and citizens of Canada. She made an application for permanent residence in Canada on humanitarian and compassionate grounds about a year ago, but it will be at least another year before it is considered. She asked the removal officer to defer her departure out of consideration for her children's situation, but he refused without reasons. That being the case, there has been no assessment to date of the impact that her departure would have on her children. While the children are not of tender years (they are 18 and 21), there is evidence before me of their heavy reliance on their mother. The question whether the removals officer should have given their situation at least some consideration amounts to a serious issue. [3] Removing Ms. Samuels before the foregoing issue can be considered by the Court would render nugatory any legal remedy that might ultimately be available to her. Such circumstances constitute irreparable harm: Melo v. Canada (Minister of Citizenship and Immigration), [2000] F.C.J. NO. 403 (QL) (T.D.). [4] In light of the above, the balance of convenience lies in allowing Ms. Samuels to remain in Canada while pursuing her legal remedies. ORDER THIS COURT ORDERS that: 1. The removal order dated September 25, 2003 is stayed pending determination of the leave to seek judicial review and, if leave is granted, until final adjudication of the judicial review. "James W. O'Reilly" Judge FEDERAL COURT NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: IMM-8918-03 STYLE OF CAUSE: SONYA SAMUELS v. MINISTER OF CITIZENSHIP AND IMMIGRATION MOTION DEALT WITH VIA TELECONFERENCE REASONS FOR ORDER AND ORDER BY: THE HONOURABLE MR. JUSTICE O'REILLY DATED: NOVEMBER 14, 2003 WRITTEN REPRESENTATIONS BY: Osborne G. Barnwell FOR THE APPLICANT Brad Gotkin FOR THE RESPONDENT SOLICITORS OF RECORD: Osborne G. Barnwell Counsel Hinkson Sachak McLeod & Barnwell Barristers & Solicitors 277 Richmond St. W. Toronto, ON M5V 1X1 FOR THE APPLICANT Morris Rosenberg Deputy Attorney general of Canada Toronto, ON M5X 1K6 FOR THE RESPONDENT
Source: decisions.fct-cf.gc.ca