Date: 19981007
Docket: IMM-4897-98
OTTAWA, ONTARIO, THE 7th DAY OF OCTOBER 1998
Present: THE HONOURABLE MR. JUSTICE J.E. DUBÉ
Between:
ARCHANA DEV
Applicant
- and -
MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
ORDER
The application for a stay is dismissed.
Judge
Certified true translation
M. Iveson
Date: 19981007
Docket: IMM-4897-98
Between:
ARCHANA DEV
Applicant
- and -
MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER
DUBÉ J.:
[1] This is an application for a stay of the removal order against the applicant, issued on September 23, 1998 by Mr. Normand Racicot, coordinator of removals for the respondent (the Minister).
[2] The applicant is a citizen of Bangladesh who claimed Convention refugee status when she arrived in Canada by air on January 24, 1997. On July 14, 1997, her claim was dismissed. On December 2, 1997, this Court dismissed her application for review. On January 8, 1998, the decision accordingly became a deportation order. Despite being summoned on several occasions, the applicant did not report to the immigration office, saying that she was sick. On July 6, 1998, she was transferred to the detention centre where she was held to ensure her availability for removal. Her health deteriorated at the detention centre, she was admitted to Montreal General Hospital on July 13, 1998, and was discharged on July 20, 1998.
[3] In a preliminary report dated September 8, 1998, Dr. Jacques Talbot, a psychiatrist, noted the applicant"s regressive behaviour and concluded that the condition was serious enough to require hospitalization. He also concluded at the same time that the applicant was not fit to be moved and that there would have to be a delay before any administrative decision by immigration authorities.
[4] In a second report dated September 16, 1998, Dr. Talbot wrote that he had seen the applicant again in the hospital, discussed her case with other doctors and studied her psychiatric record. His diagnosis was that the applicant [TRANSLATION] "presents the clinical signs of depression, associated with a very stressful situation, in reaction chronologically to specific steps taken by Immigration Canada to proceed with her removal". He also concluded that [TRANSLATION] "there is no psychiatric contra-indication to her being returned to her country, in accordance with the decision of the court". He added that [TRANSLATION], "while she is being moved, it is important that she be accompanied by a nurse" and also [TRANSLATION] "that medical documents be sent with her, specifying the nature of the medication prescribed" and also [TRANSLATION] "the final diagnosis made at the hospital".
[5] For its part, in a letter dated September 18, 1998, signed by immigration counsellor S. St-Vincent, the Department rejected the application for a ministerial exemption on humanitarian grounds in these words:
| Ministerial exemption may be granted only where sufficient humanitarian grounds exist. A careful examination of all the circumstances of your case did not reveal that such exemption is warranted. Therefore, we cannot study your application for permanent residence in Canada. Consequently, you should submit your application for permanent residence at a Canadian post abroad as required by Subsection 9(1) of the Immigration Act. |
[6] For the purposes of this application for a stay, I have not considered whether there is a serious question to debate. I limited myself to the second test in relation to injunctions and stays, namely whether the plaintiff would suffer irreparable harm in the event of her removal, in light of the state of her health. The above-mentioned medical reports demonstrate that this is not the case.
[7] As the immigration counsellor indicated, she may certainly make an application for permanent residence from outside Canada, as provided in subsection 9(1) of the Act.
[8] This application for a stay cannot accordingly be allowed.
OTTAWA, Ontario
February 16, 1998
Judge
Certified true translation
M. Iveson
FEDERAL COURT OF CANADA
TRIAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
COURT NO.: IMM-4897-98
| STYLE OF CAUSE: ARCHANA DEV V. MINISTER |
| PLACE OF HEARING: MONTRÉAL, QUEBEC |
DATE OF HEARING: SEPTEMBER 28, 1998
REASONS FOR ORDER OF DUBÉ J.
DATED SEPTEMBER 28, 1998
APPEARANCES:
MICHEL LE BRUN FOR THE APPLICANT
PASCALE-CATHERINE GUAY FOR THE RESPONDENT
SOLICITORS OF RECORD:
| MICHEL LE BRUN FOR THE APPLICANT |
MONTRÉAL, QUEBEC
| MORRIS ROSENBERG FOR THE RESPONDENT |
DEPUTY ATTORNEY GENERAL OF CANADA
Date: 19981007
Docket: IMM-4897-98
OTTAWA, ONTARIO, THE 7th DAY OF OCTOBER 1998
Present: THE HONOURABLE MR. JUSTICE J.E. DUBÉ
Between:
ARCHANA DEV
Applicant
- and -
MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent