Federal Court Decisions

     T-214-97

Between:

     INDRABAHADUR YADAV and

     PUNJAB SWEET HOUSE LTD.,

     Applicants,

     - and -

     MINISTER OF HUMAN RESOURCES DEVELOPMENT,

     Respondent.

     REASONS FOR ORDER

DENAULT, J.

     Assuming that this Court has jurisdiction, pursuant to Section 18.2 of the Federal Court Act, to issue a stay of the execution of a departure order, in order to be granted the stay or the setting aside of the departure order issued against him on January 23, 1997, the Applicant had to meet the tripartite test set out in Toth v. Canada (1989), 6 Imm. L.R. (2d) 123. The Applicant has failed to do so.

     Firstly, there is no issue to be tried: the allegation that the departure was based upon the Minister of Human Resources Development's decision not to grant the application for an employment validation extension, which decision is the subject of the Originating Notice of Motion, was squarely denied by the decision- maker, Shirley Clou, in her affidavit. Secondly, in the affidavits filed in support of the motion, the Applicant and his employer allege mainly that he and his employer's business would financially suffer from the Applicant's return to India. This is no evidence that the Applicant would suffer irreparable harm.

     The application to set aside the departure order made against the Applicant on January 23, 1997, is dismissed.     

                             (Sgd.) "Pierre Denault"

                                 Judge

March 6, 1997

Vancouver, British Columbia