Lepusic v. Canada (Minister of Citizenship and Immigration)
Court headnote
Lepusic v. Canada (Minister of Citizenship and Immigration) Court (s) Database Federal Court Decisions Date 2002-03-22 Neutral citation 2002 FCT 326 File numbers IMM-1054-02 Decision Content Date: 20020322 Docket: IMM-1054-02 Neutral citation: 2002 FCT 326 OTTAWA, ONTARIO, this 22nd day of March, 2002 Present: The Honourable Mr. Justice Beaudry BETWEEN: NENAD LEPUSIC, JASNA LEPUSIC, and IVAN LEPUSIC and NEVEN LEPUSIC, by their Litigation Guardian, JASNA LEPUSIC, Applicants, and THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent REASONS FOR ORDER [1] This is a stay application brought by the applicants requesting that this Court grant a stay of execution of the Removal Order against them, pursuant to section 18.2 of the Federal Court Act, until such time as their application for leave and judicial review has been considered. [2] I am satisfied that the Immigration Officer acted in fairness and also considered the best interest of the applicant's children with the proper test in Baker v. M.C.I., [1999] 2 S.C.R. 817. [3] There is no serious issue. The applicants may continue from abroad their application for judicial review regarding the Immigration Officer's decision to refuse the humanitarian and compassionate application. ORDER THIS COURT HEREBY ORDERS that the application for a stay of execution of the Removal Order against the applicants is dismissed. "Michel Beaudry" Judge FEDERAL COURT OF CANADA TRIAL DIVISION NAMES OF COUNSEL AND SOLICITORS OF RECORD COURT FILE NO.: …
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Lepusic v. Canada (Minister of Citizenship and Immigration) Court (s) Database Federal Court Decisions Date 2002-03-22 Neutral citation 2002 FCT 326 File numbers IMM-1054-02 Decision Content Date: 20020322 Docket: IMM-1054-02 Neutral citation: 2002 FCT 326 OTTAWA, ONTARIO, this 22nd day of March, 2002 Present: The Honourable Mr. Justice Beaudry BETWEEN: NENAD LEPUSIC, JASNA LEPUSIC, and IVAN LEPUSIC and NEVEN LEPUSIC, by their Litigation Guardian, JASNA LEPUSIC, Applicants, and THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent REASONS FOR ORDER [1] This is a stay application brought by the applicants requesting that this Court grant a stay of execution of the Removal Order against them, pursuant to section 18.2 of the Federal Court Act, until such time as their application for leave and judicial review has been considered. [2] I am satisfied that the Immigration Officer acted in fairness and also considered the best interest of the applicant's children with the proper test in Baker v. M.C.I., [1999] 2 S.C.R. 817. [3] There is no serious issue. The applicants may continue from abroad their application for judicial review regarding the Immigration Officer's decision to refuse the humanitarian and compassionate application. ORDER THIS COURT HEREBY ORDERS that the application for a stay of execution of the Removal Order against the applicants is dismissed. "Michel Beaudry" Judge FEDERAL COURT OF CANADA TRIAL DIVISION NAMES OF COUNSEL AND SOLICITORS OF RECORD COURT FILE NO.: IMM- 1054-02 STYLE OF CAUSE: Nenad Lepusic and others v. M.C.I. HEARING: Heard Via Teleconference between Ottawa and Toronto DATE OF HEARING: March 22, 2002 REASONS FOR ORDER and ORDER BY: The Honourable Mr. Justice Beaudry DATED: March 22, 2002 APPEARANCES: Barbara Jackman for the Applicants Mary Mathews for the Respondent SOLICITORS OF RECORD: Jackman, Waldman & Associates Toronto, Ontario for the Applicants Mr. Morris Rosenberg Deputy Attorney General of Canada for the Respondent
Source: decisions.fct-cf.gc.ca