Man v. Canada (Solicitor General)

Man v. Canada (Solicitor General)
Court (s) Database
Federal Court Decisions
Date
2004-02-20
Neutral citation
2004 FC 256
File numbers
IMM-896-04
Decision Content
Date: 20040220
Docket: IMM-896-04
Citation: 2004 FC 256
BETWEEN:
HUNG PONG MAN
Applicant
and
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION and
THE SOLICITOR GENERAL OF CANADA
Respondents
REASONS FOR ORDER
LEMIEUX J.
[1] These reasons reflect the oral decision rendered when granting Mr. Man a stay of his removal to China.
[2] Mr. Man has been in Canada for 15 years and is 40 years old. His spouse of 15 years is Sui Fong Fung. She is now a Canadian citizen. They have three children born in Canada ages 14, 12 and 3. He is his family's sole support.
[3] He made an H & C application which was turned down in January of this year. That application was apparently compelled after a danger opinion was issued against him which blocked his appeal from a deportation order to the Immigration Appeal Division which had jurisdiction to stay his deportation. He had been landed in 1991 under a special programme as a result of the Tian An Men Square massacre.
[4] The danger opinion was issued against Mr. Man after his 1994 conviction for possession of heroin for the purpose of trafficking. In 1998 he was convicted for possession of cocaine for the purpose of trafficking.
[5] I was of the view a serious question arose:
1) whether the H & C officer erred in failing to consider Mr. Man's rehabilitation as required by the H & C guidelines;
2) whether the decision was substantively reasonable on the test enumerated by the Federal Court of Appeal in Hawthorne v. Canada, [2003] 2 F.C. 555 at paragraph 36; and
3) whether the H & C officer erred in finding, if the family was broken up, the family without Mr. Man would find support in Canada.
[6] I found irreparable harm if his removal was not stayed. He is the family's sole source of support. In Hawthorne, supra, a stay had been issued in similar circumstances (see paragraph 20).
[7] Having met the serious issue and irreparable harm tests, the balance of convenience favoured the applicant.
[8] I granted a stay pending determination of leave and judicial review.
(Sgd.) "F. Lemieux"
Judge
Vancouver, British Columbia
February 20, 2004
FEDERAL COURT
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: IMM-896-04
STYLE OF CAUSE: Hung Pong Man v
The Minister of Citizenship and Immigration et al.
PLACE OF HEARING: Vancouver British Columbia
DATE OF HEARING: February 16th, 2004
REASONS FOR ORDER : LEMIEUX J.
DATED: February 20th, 2004
APPEARANCES:
Darryl W. Larson FOR APPLICANT
Esta Resnick FOR RESPONDENTS
SOLICITORS OF RECORD:
Embarkation Law Group FOR APPLICANT
Vancouver BC
Morris Rosenberg FOR RESPONDENTS
Deputy Attorney General of Canada