CITIZENSHIP AND IMMIGRATION |
Exclusion and Removal |
Sahota v. Canada (Minister of Citizenship and Immigration)
IMM-1270-02
2002 FCT 331, Nadon J.
22/3/02
3 pp.
Motion to stay execution of deportation order--Dispute as to irreparable harm prong of tripartite test--Applicant submitting denial of stay will result in irreparable harm as applicant will be separated from wife and five-month old child for at least two years--In affidavit, wife stating deeply concerned about effect of two-year separation on bonding process between child and parents, possibly causing serious emotional damage--Motion dismissed--Court not persuaded irreparable harm will result if stay not granted--Irreparable harm must refer to some prejudice beyond that inherent in notion of deportation itself; to be deported means losing job, to be separated from familiar faces, places; accompanied by enforced separation and heartbreak: Melo v. Canada (Minister of Citizenship and Immigration) (2000), 188 F.T.R. 39 (F.C.T.D.)--Applicant has not established that prejudice resulting in his deportation constitutes irreparable harm--At best, applicant has shown that his wife and child will be inconvenienced and will suffer psychological hardship.