Federal Court Decisions

Decision Information

Prashad v. Canada (Citizenship and Immigration)

Court (s) Database Federal Court Decisions
Date 2012-06-28
Neutral citation 2012 FC 826
File numbers IMM-6331-12

Decision Content

 

Date: 20120628

Docket: IMM-6331-12

Citation: 2012 FC 826

Ottawa, Ontario, June 28, 2012

PRESENT:     The Honourable Mr. Justice Shore

 

BETWEEN:

 

ROOKMIN PRASHAD

 

 

 

Applicant

 

and

 

 

 

THE MINISTER OF CITIZENSHIP

AND IMMIGRATION AND THE MINISTER OF PUBLIC SAFETY AND

EMERGENCY PREPAREDNESS

 

 

 

Respondent

 

 

 

 

 

           REASONS FOR ORDER AND ORDER

 

[1]               It is recognized that a spousal sponsorship application was filed as soon as previous counsel forwarded it and is in the operational phase.

 

[2]               On application of the tri-partite conjunctive Toth v Canada (Minister of Employment and Immigration) (1988), 86 NR 302 (FCA) decision test, this Court determines that the Applicant has not met the test for a stay in this context; and, therefore, the sponsorship application will follow its course, hopefully, as quickly as possible, in order that one more family, amongst other, bona fide, families can be reunited.

 

[3]               Unless exceptional circumstances prevail, sponsorship applications as per a queue, “operate independently of the deportation process” (Patterson v Canada (Minister of Citizenship and Immigration), 2008 FC 406 at para 24).

 

 

ORDER

 

THUS, THIS COURT ORDERS, for the reasons specified above, that the Applicant’s application for a stay of removal be denied with no question for certification having been proposed.

 

 

Obiter

 

Bona fide applications are processed as quickly as the Canadian authorities can feasibly process them. The unification of decent families contributing to the fabric of Canada, constitute the essence of what makes Canada, the Country that it is. This, being the Canada Day weekend, the ripple effect of this Country, and its moral fiber is witnessed, in the ripple effect extending from the community to the nation and to the world. It is a demonstration of what Canadian values hold and what they represent, and, thus, what Canada stands for in the community of nations as reflected in its domestic national Immigration and Refugee Protection Act, SC 2001, c 27 [IRPA] and in its international commitments through International Conventions to which Canada is a party (IRPA, paragraph 3(1)(d) “to see that families are reunited in Canada”).

 

 

“Michel M.J. Shore”

Judge

FEDERAL COURT

 

SOLICITORS OF RECORD

 

 

DOCKET:                                          IMM-6331-12

 

STYLE OF CAUSE:                          ROOKMIN PRASHAD v THE MINISTER OF CITIZENSHIP AND IMMIGRATION AND THE MINISTER OF PUBLIC SAFETY AND EMERGENCY PREPAREDNESS

 

 

 

MOTION HELD VIA TELECONFERENCE ON JUNE 28, 2012 FROM OTTAWA, ONTARIO AND TORONTO, ONTARIO

 

 

REASONS FOR ORDER

AND ORDER:                                   SHORE J.

 

DATED:                                             June 28, 2012

 

 

 

APPEARANCES:

 

Munyonzwe Hamalengwa

 

FOR THE APPLICANT

 

Christopher Ezrin

FOR THE RESPONDENT

 

 

SOLICITORS OF RECORD:

 

Munyonzwe Hamalengwa

Barrister and Solicitor

Toronto, Ontario

 

FOR THE APPLICANT

Myles J. Kirvan

Deputy Attorney General of Canada

Toronto, Ontario

FOR THE RESPONDENT

 

 

 You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.