Date: 20160317
Docket: IMM-1128-16
Citation: 2016 FC 326
Ottawa, Ontario, March 17, 2016
PRESENT: The Honourable Madam Justice Simpson
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BETWEEN: |
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AIGARS INDZERS, EVITA DZLINA, and LUI KELVINS INDZERS |
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Applicants |
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and |
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THE MINISTER OF PUBLIC SAFETY AND EMERGENCY PREPAREDNESS |
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Respondent |
ORDER AND REASONS
[1] UPON MOTION made to this Court by the Applicants for an Order staying their removal to Latvia, scheduled to take place on Friday, March 18, 2016 at 20:10 p.m. [the Motion], until such time as the adult Applicants’ son, Lui Kelvins Indzers, finishes school on June 29, 2016;
[2] AND UPON considering the evidence and submissions contained in the materials filed by Counsel for the Applicants and the Respondent;
[3] AND UPON hearing oral submissions of Counsel for all parties in Ottawa, Ontario, on March 17, 2016, via teleconference;
[4] AND UPON determining that the conjunctive tripartite test, set out in Toth v Canada (Minister of Employment and Immigration) (1988), 86 NR 302 (FCA), that must be satisfied before a stay can be granted, has been satisfied in this case;
THIS COURT ORDERS that the Motion is granted on the following terms:
The Applicants are not to be removed on or before July 6, 2016 [the Date] but the Respondent may issue a Direction to Report and make all the necessary arrangements for removal prior to the Date so that removal can be accomplished promptly after the Date is reached.
“Sandra J. Simpson”
Judge
FEDERAL COURT
SOLICITORS OF RECORD
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DOCKET: |
IMM-1128-16
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STYLE OF CAUSE: |
AIGARS INDZERS, EVITA DZLINA, AND LUI KELVINS INDZERS v THE MINISTER OF PUBLIC SAFETY AND EMERGENCY PREPAREDNESS
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PLACE OF HEARING: |
Ottawa, Ontario
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DATE OF HEARING: |
March 17, 2016
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ORDER AND reasons: |
SIMPSON J.
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DATED: |
March 17, 2016
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APPEARANCES:
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Yehuda Levinson
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For The Applicants
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Lucan Gregory
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For The Respondent
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SOLICITORS OF RECORD:
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Levinson & Associates Barristers and Solicitors Toronto
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For The Applicants
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William F. Pentney Deputy Attorney General of Canada Ottawa, Ontario |
For The Respondent
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