Date: 19980902
Docket: IMM-4435-98
BETWEEN:
NAGMEH AND REZA SHAHLA,
Applicants,
- and -
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION,
Respondent.
REASONS FOR ORDER
REED, J.
[1] The applicants seek an extension of time within which to file an application for leave to commence a proceeding for judicial review of a negative humanitarian and compassionate review decision dated February 27, 1998, and a stay of a deportation order that is to be executed today, September 2, 1998.
[2] The applicants are young people, from Iran, who have been here since mid 1995, and have been attending school. They were not required to leave at an earlier date to allow them to finish their school year. They assert that they have converted to Christianity and returning them to Iran would result in physical harm and persecution for them. Their alleged adoption of Christianity was not brought to the respondent's attention until mid-August 1998.
[3] The respondent took no position in opposition to the applicant's request for an extension of time to file a leave application respecting the February 27, 1998 decision. I have considered whether implicit in that position is acceptance of the applicants' argument that they have an arguable case with respect to the leave application. Counsel for the respondent noted that her client's reasons for taking no position were that: the applicants were young; they did seem to have had an intention to seek leave to appeal the decision all along; they were granted authorization by Legal Services to do so; while it is the respondent's position that the leave application has no merit, the respondent is concerned that the applicants be assured that the have been fairly dealt with and that the decision on their request for a humanitarian and compassionate review was made in a fair manner. I indicated that I would grant an extension of time.
[4] With respect to the application for a stay of a deportation order, there was no serious argument that irreparable harm would befall the applicants in Iran if their alleged conversion to Christianity is genuine. The only issue is whether there is a serious issue to justify granting a stay, see Toth v. Canada (Minister of Citizenship and Immigration) (1988), 6 Imm.L.R. (2d) 123 (F.C.A.). I have decided that it would be inconsistent, in this case, to grant an extension of time within which to file a leave application but refuse to grant a stay of the removal order until that leave application can be dealt with. A stay was therefore granted.
(Sgd.) "B. Reed"
Judge
Vancouver, British Columbia
September 2, 1998
FEDERAL COURT TRIAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DATED: September 2, 1998
COURT NO.: IMM-4435-98
STYLE OF CAUSE: NAGMEH AND REZA SHAHLA
v.
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
PLACE OF HEARING: Vancouver, BC
REASONS FOR ORDER OF REED, J.
dated September 2, 1998
APPEARANCES:
Mr. Timothy Healey for Applicant
Ms. Brenda Carbonell for Respondent
SOLICITORS OF RECORD:
Timothy James Healey
Barrister & Solicitor
Vancouver, BC for Applicant
Morris Rosenberg for Respondent
Deputy Attorney General
of Canada