Date: 20000814
Docket: IMM-3984-00
BETWEEN:
OSMOND HUSSEY
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER
MCKEOWN J.
[1] There is a serious issue but there is no irreparable harm. The applicant came as a visitor in 1989 and has been out of status since the visitor permit expired that year. The applicant has had a refugee claim dismissed and two previous H and C applications dismissed. He has a sponsorship application which was made ten months ago which has not yet been determined and is outstanding at this time.
[2] The applicant is not the father of his new wife"s three children. The cases where the best interest of the children are considered with respect to irreparable harm are all cases where it was the father and not the step-father who was involved. This applicant has only resided with his new wife and step-children for less than four months. The applicant was married to the new wife ten months ago and spent some time with her during the first six months.
[3] While separation from the wife and the step-children will be difficult for all the parties, it does not amount to irreparable harm in the circumstances of this case. I urge the immigration department to promptly deal with this sponsorship application.
[4] The application for the stay is dismissed.
"W. P. McKeown"
J.F.C.C.
Toronto, Ontario
August 14, 2000
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
| COURT NO: IMM-3984-00 |
| STYLE OF CAUSE: OSMOND HUSSEY |
- and -
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
| DATE OF HEARING: FRIDAY, JULY 28, 2000 |
| PLACE OF HEARING: TORONTO, ONTARIO |
| REASONS FOR ORDER BY: MCKEOWN J. |
DATED: MONDAY, AUGUST 14, 2000
| APPEARANCES BY: Mr. Avi J. Sirlin |
| For the Applicant |
| Ms. Andrea Horton |
| For the Respondent |
| SOLICITORS OF RECORD: 425 University Avenue |
Suite 500
Toronto, Ontario
M5H 1T6
| For the Applicant |
Morris Rosenberg
Deputy Attorney General of Canada
For the Respondent
FEDERAL COURT OF CANADA
Date: 20000814
Docket: IMM-3984-00
BETWEEN:
| OSMOND HUSSEY |
Applicant
- and -
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
| REASONS FOR ORDER |