Myronowich v. Canada ( Minister of Citizenship and Immigration )
IMM-6280-98
McGillis J.
9/12/98
4 pp.
Motion for stay of deportation order-Parents of child plaintiff arriving in Canada as refugee claimants in May, July 1997-Conditional removal orders made against them on arrival-Child plaintiff born in Canada in September 1997-Application under Immigration Act, s. 114(2) for exemption from visa requirements on basis of humanitarian, compassionate considerations rejected-Child plaintiff's father seeking declaration "the child has the right to stay in Canada, not to be deprived of her parents"-Also filed motion for stay of deportation order-Motion for stay dismissed on basis no serious issue to be tried-Court bound by decision in Langner v. Canada (Minister of Employment and Immigration) (1995), 29 C.R.R. (2d) 184; 184 N.R. 230 (F.C.A.)-Child having no right under Charter not to be separated from parents-Parents of child born in Canada having no Charter right to remain in Canada-Motion dismissed-Immigration Act, R.S.C., 1985, c. I-2, s. 114(2) (as am. by S.C. 1992, c. 49, s. 102)-Canadian Charter of Rights and Freedoms, being Part I of the Constitution Act, 1982, Schedule B, Canada Act 1982, 1982, c. 11 (U.K.) [R.S.C., 1985, Appendix II, No. 44].