Miczura v. Canada (Minister of Citizenship and Immigration)
Court headnote
Miczura v. Canada (Minister of Citizenship and Immigration) Court (s) Database Federal Court Decisions Date 2002-04-08 Neutral citation 2002 FCT 387 File numbers IMM-274-02 Decision Content Date: 20020408 Docket: IMM-274-02 Neutral citation: 2002 FCT 387 Montréal, Quebec, April 8, 2002 Before: Pinard J. BETWEEN: SANDOR MICZURA, JOSZEF VADASZI, JULIANA MIZCURANE GURBAI and ANETT MIZCURA Plaintiffs and THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent REASONS FOR ORDER AND ORDER [1] Based on the affidavit by the principal plaintiff Sandor Miczura, whose credibility is not and never was questioned by the decision-making authorities in this case, the stay requested should be granted. In view of documentary evidence fully establishing the poor treatment accorded to gipsies in Hungary, the principal plaintiff's sworn deposition setting out the serious hardships suffered by himself and his family when they were in Hungary and their fear for their lives if they returned to that country suffice at this stage to establish the appearance of right and irreparable harm required. [2] Considering further the uncontradicted fact that the plaintiffs are honest and hardworking people who are not a burden to Canadian society, I am persuaded that the balance of convenience is in their favour. [3] For these reasons, it is hereby ordered that the removal order in question set down for April 11, 2002 be stayed until a ruling can be made on the application for leave to file an application for j…
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Miczura v. Canada (Minister of Citizenship and Immigration) Court (s) Database Federal Court Decisions Date 2002-04-08 Neutral citation 2002 FCT 387 File numbers IMM-274-02 Decision Content Date: 20020408 Docket: IMM-274-02 Neutral citation: 2002 FCT 387 Montréal, Quebec, April 8, 2002 Before: Pinard J. BETWEEN: SANDOR MICZURA, JOSZEF VADASZI, JULIANA MIZCURANE GURBAI and ANETT MIZCURA Plaintiffs and THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent REASONS FOR ORDER AND ORDER [1] Based on the affidavit by the principal plaintiff Sandor Miczura, whose credibility is not and never was questioned by the decision-making authorities in this case, the stay requested should be granted. In view of documentary evidence fully establishing the poor treatment accorded to gipsies in Hungary, the principal plaintiff's sworn deposition setting out the serious hardships suffered by himself and his family when they were in Hungary and their fear for their lives if they returned to that country suffice at this stage to establish the appearance of right and irreparable harm required. [2] Considering further the uncontradicted fact that the plaintiffs are honest and hardworking people who are not a burden to Canadian society, I am persuaded that the balance of convenience is in their favour. [3] For these reasons, it is hereby ordered that the removal order in question set down for April 11, 2002 be stayed until a ruling can be made on the application for leave to file an application for judicial review in the case at bar, and if necessary, until the application for judicial review itself is disposed of. Yvon Pinard Judge Certified true translation Suzanne M. Gauthier, C. Tr., LL.L. FEDERAL COURT OF CANADA TRIAL DIVISION Date: 20020408 Docket: IMM-274-02 Between: SANDOR MICZURA, JOSZEF VADASZI, JULIANA MIZCURANE GURBAI and ANETT MIZCURA Plaintiffs and THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent REASONS FOR ORDER AND ORDER FEDERAL COURT OF CANADA TRIAL DIVISION SOLICITORS OF RECORD FILE: IMM-274-02 STYLE OF CAUSE: SANDOR MICZURA, JOSZEF VADASZI, JULIANA MIZCURANE GURBAI and ANETT MIZCURA Plaintiffs and THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent PLACE OF HEARING: Montréal, Quebec DATE OF HEARING: April 8, 2002 REASONS FOR ORDER AND ORDER BY: PINARD J. DATED: April 8, 2002 APPEARANCES: Serban Mihai Tismanariu FOR THE PLAINTIFFS Guy Lamb FOR THE RESPONDENT SOLICITORS OF RECORD: Serban Mihai Tismanariu FOR THE PLAINTIFFS Montréal, Quebec Morris Rosenberg FOR THE RESPONDENT Deputy Attorney General of Canada Montréal, Quebec
Source: decisions.fct-cf.gc.ca