Mosca v. Canada (Minister of Citizenship and Immigration)
Court headnote
Mosca v. Canada (Minister of Citizenship and Immigration) Court (s) Database Federal Court Decisions Date 2003-10-21 Neutral citation 2003 FC 1224 File numbers IMM-8031-03 Decision Content Date: 20031021 Docket: IMM-8031-03 Citation: 2003 FC 1224 Toronto, Ontario, October 21st, 2003 Present: The Honourable Mr. Justice Lemieux BETWEEN: FERNANDO ERVAR MOSCA MABEL OLGA PASSAROTTO FABRICIO JULIAN MOSCA MURICIO DANIEL MOSCA Applicants and THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent REASONS FOR ORDER AND ORDER [1] This motion by the Applicants, failed refugee claimants in which the credibility of their story was central to their rejection by the Immigration and Refugee Protection Act and citizens of Argentina, seek a stay of their deportation pending final determination of their application for leave and judicial review from a decision of a Pre-Removal Risk Assessment Officer must be dismissed. [2] The Applicants have presented no evidence of irreparable harm if deported to the United States. If it is assumed that they will be deported by the American authorities to Argentina, the Applicants have failed to lead sufficient cogent, non speculative evidence, which was in the form generalized country conditions that they are at risk within the meaning of sections 96 and 97 of the Immigration and Refugee Protection Act nor have they shown lack of state protection by Argentina and that their leave application will be nugatory if a stay is not granted. ORDER THIS COURT ORDERS t…
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Mosca v. Canada (Minister of Citizenship and Immigration) Court (s) Database Federal Court Decisions Date 2003-10-21 Neutral citation 2003 FC 1224 File numbers IMM-8031-03 Decision Content Date: 20031021 Docket: IMM-8031-03 Citation: 2003 FC 1224 Toronto, Ontario, October 21st, 2003 Present: The Honourable Mr. Justice Lemieux BETWEEN: FERNANDO ERVAR MOSCA MABEL OLGA PASSAROTTO FABRICIO JULIAN MOSCA MURICIO DANIEL MOSCA Applicants and THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent REASONS FOR ORDER AND ORDER [1] This motion by the Applicants, failed refugee claimants in which the credibility of their story was central to their rejection by the Immigration and Refugee Protection Act and citizens of Argentina, seek a stay of their deportation pending final determination of their application for leave and judicial review from a decision of a Pre-Removal Risk Assessment Officer must be dismissed. [2] The Applicants have presented no evidence of irreparable harm if deported to the United States. If it is assumed that they will be deported by the American authorities to Argentina, the Applicants have failed to lead sufficient cogent, non speculative evidence, which was in the form generalized country conditions that they are at risk within the meaning of sections 96 and 97 of the Immigration and Refugee Protection Act nor have they shown lack of state protection by Argentina and that their leave application will be nugatory if a stay is not granted. ORDER THIS COURT ORDERS that this stay application is dismissed. "François Lemieux" J.F.C. FEDERAL COURT NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: IMM-8031-03 STYLE OF CAUSE: FERNANDO ERVAR MOSCA MABEL OLGA PASSAROTTO FABRICIO JULIAN MOSCA MURICIO DANIEL MOSCA Applicants and THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent PLACE OF HEARING: TORONTO, ONTARIO DATE OF HEARING: OCTOBER 20, 2003 REASONS FOR ORDER AND ORDER BY: LEMIEUX J. DATED: OCTOBER 21, 2003 APPEARANCES: Mr. Matthew Jeffery FOR APPLICANTS Mr. Gordon Lee FOR RESPONDENT SOLICITORS OF RECORD: Matthew Jeffery Barrister & Solicitor Toronto, Ontario FOR APPLICANTS Morris Rosenberg Deputy Attorney General of Canada FOR RESPONDENT FEDERAL COURT Date: 20031021 Docket: IMM-8031-03 BETWEEN: FERNANDO ERVAR MOSCA MABEL OLGA PASSAROTTO FABRICIO JULIAN MOSCA MURICIO DANIEL MOSCA Applicants and THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent REASONS FOR ORDER AND ORDER
Source: decisions.fct-cf.gc.ca