Date: 19971119
Docket: IMM-959-97
BETWEEN:
FARZAD GERIST
SOUDABEH SHOJAEI
SEPIDEH GERIST
SUSAN GERIST
Applicants
- and -
MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER
THE ASSOCIATE CHIEF JUSTICE:
[1] This is an application for an interim Order staying the removal of the applicants from Canada pending disposition of their Application for Leave and Judicial Review and pending the Minister having the opportunity to review, consider and reply to the applicants' previously tendered humanitarian and compassionate submissions. When the matter came on for hearing at Toronto, I allowed the application and indicated brief written reasons would follow.
[2] As indicated at the conclusion of the hearing, I am satisfied that the reasoning of Simpson, J. in Poyanipu v. Canada (Minister of Citizenship and Immigration) , IMM-2879-95, July 26, 1996, is applicable here. It is expected that a decision on the humanitarian and compassionate grounds submission will be rendered in the near future. Furthermore, in view of the proposed removal to Iran, the applicants, if successful on their application for leave or humanitarian and compassionate review, may well be refused permission to exit Iran thereby rendering nugatory any decisions rendered in their favour.
[3] The application is therefore allowed.
A.C.J.
OTTAWA, ONTARIO
November 19, 1997