Awal v. Canada ( Minister of Citizenship and Immigration )
IMM-3094-98
Rouleau J.
3/7/98
7 pp.
Application to stay deportation of applicants, citizens of Bangladesh-In October 1994 applicant Begum giving birth to daughter seven days after conditional departure order made against applicant wife, husband and son-In January 1998 applicant wife giving birth to second child in Canada-Applicants filing application for leave and judicial review in response to refusal in May 1998 of application for exemption under Act, s. 114(2)-Applicants citing disastrous and irremediable consequences for family unit-Applicants also citing Canada-Quebec immigration agreement and submitting officer who rejected application failed to address legal question of obligations imposed by Quebec Charter (ss. 39 and 47) on parents in relation to children-Application dismissed-Parents have choice of deciding whether to leave children in Canada or take children back to Bangladesh with them-Argument relating to Charter, ss. 39 and 47 accordingly cannot stand-No evidence parents will not fulfill obligations and responsibilities and that removing them would prevent them from providing moral guidance and material support of family-In addition, nothing to prevent applicants from pursuing application for leave and judicial review after returning to country of origin-Immigration Act, R.S.C., 1985, c. I-2, s. 114(2) (as am. by S.C. 1992, c. 49, s. 102)-Charter of Human Rights and Freedoms, R.S.Q., c. C-12, ss. 39, 47.