Date: 20031020
Docket: IMM-7812-03
Citation: 2003 FC 1220
Vancouver, British Columbia, Monday, the 20th day of October, 2003
Present: THE HONOURABLE MADAM JUSTICE HENEGHAN
BETWEEN:
SUKHVINDER SINGH KHANGURA
Applicant
- and -
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
REASONS FOR ORDER AND ORDER
[1] Mr. Khangura (the "Applicant") seeks an order staying the execution of a removal order against him. He has filed two motions, each in the context of applications for judicial review. In IMM-7812-03, the Applicant challenges a negative PRRA decision. In IMM-8054-03, he seeks an extension of time within which to challenge a negative H & C decision made on April 28, 2003.
[2] In order to succeed on the motion for a stay, the Applicant must show that a serious issue for trial arises in relation to at least one of the outstanding applications for leave and judicial review. He must also show that he personally will suffer irreparable harm if the motion for a stay is denied. Thirdly, he must show that the balance of convenience lies in his favour.
[3] I am not persuaded that the Applicant has met the first element of a serious issue for trial in relation to either of the two applications for leave and judicial review.
[4] I accept that there will be personal inconvenience resulting from his removal from Canada at this time, but I am not satisfied that such inconvenience amounts to irreparable harm, as that terms has been discussed in the jurisprudence of this Court.
[5] It is not necessary for me to address the issue of irreparable harm.
ORDER
THIS COURT ORDERS that:
The motions are dismissed. This endorsement will be filed in IMM-7812-03 and placed on the file for IMM-8054-03.
(Sgd.) "Elizabeth Heneghan"
| I HEREBY CERTIFY that the above document |
| is a true copy of the original filed of record in the Registry of the Federal Court on the _______ day of ___________ A.D. 20 ____
Dated this _______ day of ____________ 20 ____
Julia Platt, Senior Registry Officer |
J.F.C.
FEDERAL COURT
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: IMM-7812-03 and IMM-8054-03
STYLE OF CAUSE: SUKHVINDER SINGH KHANGURA
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
PLACE OF HEARING: Vancouver, BC
DATE OF HEARING: October 20, 2003
REASONS FOR ORDER AND ORDER OF: HENEGHAN, J.
DATED: October 20, 2003
APPEARANCES:
MR. BALDEV S. SANDHU for APPLICANT
MS. KIM SHANE for RESPONDENT
SOLICITORS OF RECORD:
Baldev S. Sandhu for APPLICANT
Sandhu Law Office
Surrey, BC
Morris Rosenberg for RESPONDENT
Deputy Attorney General of Canada