Date: 19980505
Docket: IMM-2087-98
BETWEEN:
ANAIS LEON RAMIREZ
PATRICIA MARCELA FONSECA LEON
CRIS FONSECA
MARIANA FONSECA
Applicants
- and -
MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER
(Delivered orally by conference call
on May 4, 1998, in Ottawa, Ontario)
RICHARD J.:
[1] The applicants seek a stay of their removal to Costa Rica scheduled for May 5, 1998, at 8:00 a.m. They were given a direction to report on April 23, 1998, and brought this motion on May 4, 1998.
[2] On May 4, 1998, they filed an application for leave and for judicial review of the removal order.
[3] The applicants entered Canada on a visitor's visa in 1995. A conditional departure order was made in June 1996 and it became a deportation order in January 1998, after the applicants withdrew their claim for refugee status in December 1997. They were arrested and detained in March 1998, as a result of the failure of Anais to appear at her pre-removal interview in February 1998. Following the arrest, Anais, on her behalf and on behalf of her two minor children, applied for permanent residence on the basis of the sponsorship of her husband. Her other daughter Patricia had earlier made a similar application.
[4] The applicants have not raised a serious issue to be tried concerning the lawfulness of the removal order.
[5] An outstanding sponsorship application does not stay the removal of a lawful deportation order.
[6] Nor have they demonstrated irreparable harm. The spouses may be separated, but the application for landing can proceed and the interview can be held abroad. If the application succeeds, they will return.
[7] The balance of convenience favours the respondent under section 48 of the Immigration Act.
[8] Accordingly, the motion for a stay is dismissed.
__________________________
Judge
Ottawa, Ontario
May 5, 1998