Khangura v. Canada (Minister of Citizenship and Immigration)
Court headnote
Khangura v. Canada (Minister of Citizenship and Immigration) Court (s) Database Federal Court Decisions Date 2003-10-20 Neutral citation 2003 FC 1220 File numbers IMM-7812-03 Decision Content Date: 20031020 Docket: IMM-7812-03 Citation: 2003 FC 1220 Vancouver, British Columbia, Monday, the 20th day of October, 2003 Present: THE HONOURABLE MADAM JUSTICE HENEGHAN BETWEEN: SUKHVINDER SINGH KHANGURA Applicant - and - THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent REASONS FOR ORDER AND ORDER [1] Mr. Khangura (the "Applicant") seeks an order staying the execution of a removal order against him. He has filed two motions, each in the context of applications for judicial review. In IMM-7812-03, the Applicant challenges a negative PRRA decision. In IMM-8054-03, he seeks an extension of time within which to challenge a negative H & C decision made on April 28, 2003. [2] In order to succeed on the motion for a stay, the Applicant must show that a serious issue for trial arises in relation to at least one of the outstanding applications for leave and judicial review. He must also show that he personally will suffer irreparable harm if the motion for a stay is denied. Thirdly, he must show that the balance of convenience lies in his favour. [3] I am not persuaded that the Applicant has met the first element of a serious issue for trial in relation to either of the two applications for leave and judicial review. [4] I accept that there will be personal inconvenience resulting from h…
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Khangura v. Canada (Minister of Citizenship and Immigration) Court (s) Database Federal Court Decisions Date 2003-10-20 Neutral citation 2003 FC 1220 File numbers IMM-7812-03 Decision Content Date: 20031020 Docket: IMM-7812-03 Citation: 2003 FC 1220 Vancouver, British Columbia, Monday, the 20th day of October, 2003 Present: THE HONOURABLE MADAM JUSTICE HENEGHAN BETWEEN: SUKHVINDER SINGH KHANGURA Applicant - and - THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent REASONS FOR ORDER AND ORDER [1] Mr. Khangura (the "Applicant") seeks an order staying the execution of a removal order against him. He has filed two motions, each in the context of applications for judicial review. In IMM-7812-03, the Applicant challenges a negative PRRA decision. In IMM-8054-03, he seeks an extension of time within which to challenge a negative H & C decision made on April 28, 2003. [2] In order to succeed on the motion for a stay, the Applicant must show that a serious issue for trial arises in relation to at least one of the outstanding applications for leave and judicial review. He must also show that he personally will suffer irreparable harm if the motion for a stay is denied. Thirdly, he must show that the balance of convenience lies in his favour. [3] I am not persuaded that the Applicant has met the first element of a serious issue for trial in relation to either of the two applications for leave and judicial review. [4] I accept that there will be personal inconvenience resulting from his removal from Canada at this time, but I am not satisfied that such inconvenience amounts to irreparable harm, as that terms has been discussed in the jurisprudence of this Court. [5] It is not necessary for me to address the issue of irreparable harm. ORDER THIS COURT ORDERS that: The motions are dismissed. This endorsement will be filed in IMM-7812-03 and placed on the file for IMM-8054-03. (Sgd.) "Elizabeth Heneghan" I HEREBY CERTIFY that the above document is a true copy of the original filed of record in the Registry of the Federal Court on the _______ day of ___________ A.D. 20 ____ Dated this _______ day of ____________ 20 ____ Julia Platt, Senior Registry Officer J.F.C. FEDERAL COURT NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: IMM-7812-03 and IMM-8054-03 STYLE OF CAUSE: SUKHVINDER SINGH KHANGURA - and - THE MINISTER OF CITIZENSHIP AND IMMIGRATION PLACE OF HEARING: Vancouver, BC DATE OF HEARING: October 20, 2003 REASONS FOR ORDER AND ORDER OF: HENEGHAN, J. DATED: October 20, 2003 APPEARANCES: MR. BALDEV S. SANDHU for APPLICANT MS. KIM SHANE for RESPONDENT SOLICITORS OF RECORD: Baldev S. Sandhu for APPLICANT Sandhu Law Office Surrey, BC Morris Rosenberg for RESPONDENT Deputy Attorney General of Canada
Source: decisions.fct-cf.gc.ca