Osornio Ruiz v. Canada (Citizenship and Immigration)

Osornio Ruiz v. Canada (Citizenship and Immigration)
Court (s) Database
Federal Court Decisions
Date
2009-04-17
Neutral citation
2009 FC 387
File numbers
IMM-1903-09
Decision Content
Date: 20090417
Docket: IMM-1903-09
Citation: 2009 FC 387
Ottawa, Ontario, April 17, 2009
PRESENT: The Honourable Mr. Justice Phelan
BETWEEN:
KARLA TERESINA OSORNIO RUIZ
Applicant
and
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
REASONS FOR ORDER AND FINAL ORDER
[1] The Court issued an Interim Order staying the deportation of the Applicant and her accompanying handicapped child, subject to a final order to be issued today.
[2] The only merit in this emergency stay is the effect of removal on an 11-month old child who, as a result of problems at birth, suffers from significant developmental (physical and mental) impairment. The medical evidence from reliable sources (St. Michael’s Hospital and Toronto’s Hospital for Sick Children) suggests that removal at this time would be harmful to the child.
[3] The Court recognizes that this evidence did not specifically address all aspects of the practicality of removal including health care available in Mexico. Nor was the Respondent given sufficient time to address the issue fairly. The Applicant’s failure to take timely steps to deal with removal issues placed the Respondent and this Court in the position at the hearing, held barely two hours before flight departure, of making a determination on a sparse and incomplete assessment of all of the facts.
[4] However, there is sufficient evidence at this stage to justify a stay pending a more fulsome record and hearing. The stay was granted without in any way suggesting that it should continue for any extensive period nor suggesting that the stay should impact the leave process.
[5] Bearing in mind the tripartite test, the Court concludes that, whatever the frailties of the Applicant’s case here and on the leave may be, the overarching equities in this very unique circumstance require a stay. The Court has a special responsibility to protect society’s most vulnerable and precious members – its children - at least until a proper consideration of their interests can be made.
[6] Therefore, the Court concludes that the most prudent and fair result is to grant a brief stay to permit a more complete assessment of the facts and to permit the child to attend the next medical appointment on June 9, 2009.
ORDER
THIS COURT FURTHER ORDERS that the stay granted shall extend up to and including June 9, 2009. The Applicant may apply for a continuation of the stay before any judge of this Court.
“Michael L. Phelan”
Judge
FEDERAL COURT
SOLICITORS OF RECORD
DOCKET: IMM-1903-09
STYLE OF CAUSE: KARLA TERESINA OSORNIO RUIZ
and
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
PLACE OF HEARING: Ottawa, Ontario
DATE OF HEARING: April 16, 2009
REASONS FOR ORDER
AND FINAL ORDER: Phelan J.
DATED: April 17, 2009
APPEARANCES:
Ms. Preevanda K. Sapru
FOR THE APPLICANT
Ms. Nur Muhammed-Ally
FOR THE RESPONDENT
SOLICITORS OF RECORD:
MS. PREEVANDA K. SAPRU
Barrister & Solicitor
Toronto, Ontario
FOR THE APPLICANT
MR. JOHN H. SIMS, Q.C.
Deputy Attorney General of Canada
Toronto, Ontario
FOR THE RESPONDENT