Date: 19980915
Docket: IMM-4563-98
BETWEEN:
SIBYLLE GOEBEL,
Applicant,
- and -
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION,
Respondent.
REASONS FOR ORDER
(Delivered orally from the Bench
at Vancouver, B.C. on September 14, 1998)
MCKEOWN, J.
[1] The Applicant seeks a stay of a departure order. In my view, I have no jurisdiction to grant the stay requested: see Rajan v. M.E.I., IMM-4548-94 and IMM-4549-94 and Brown v. M.C.I., IMM-441-98.
[2] Even if I had jurisdiction, there is no irreparable harm to the Applicant. In Calderon v. Canada (Minister of Citizenship and Immigration) (1996), 30 Imm.L.R. (2d) 256, Madame Justice Simpson states the test for irreparable harm, as formulated by Mr. Justice MacKay:
| In Kerrutt v. Canada (Minister of Employment & Immigration) (1992), 53 F.T.R. 93, Mr. Justice MacKay concluded that, for the purposes of a stay application, irreparable harm implies the serious likelihood of jeopardy to an applicant's life or safety. This is a very strict test and I accept its premise that irreparable harm must be very grave and more than the unfortunate hardship associated with the breakup or relocation of a family. |
| (paragraph 22) |
In the case at bar, there is no evidence of jeopardy to the Applicant's life or safety if she returnes to Germany.
[3] The balance of convenience also favours the Respondent. The Respondent must enforce the provisions of the Act. Even if there might be a serious issue on the departure order, her departure will not prevent the leave application from going forward, nor will the review of the decision, which denied her permanent immigration status, be terminated. The Applicant can retain counsel to argue her judicial review application on December 8, 1998 or seek to have the matter dealt with in writing. There are also other alternatives.
[4] In light of these findings on two of the three parts of the tripartite test for a stay, the Applicant's application for a stay is dismissed.
(Sgd.) "William P. McKeown"
Judge
Vancouver, British Columbia
September 15, 1998
FEDERAL COURT TRIAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
HEARING DATED: September 14, 1998
COURT NO.: IMM-4563-98
STYLE OF CAUSE: Sibylle Goebel
v.
The Minister of Citizenship and Immigration
PLACE OF HEARING: Vancouver, British Columbia
REASONS FOR ORDER OF MCKEOWN, J.
dated September 15, 1998
APPEARANCES:
| Ms. Sibylle Goebel on her own behalf |
Ms. Sandra Weafer for the Respondent
SOLICITORS OF RECORD:
| Ms. Sibylle Goebel on her own behalf |
Morris Rosenberg for Respondent
Deputy Attorney General
of Canada