Belkin v. Canada ( Minister of Citizenship and Immigration )
IMM-3554-99
Pelletier J.
23/7/99
7 pp.
Application for stay of removal order made against applicant-Applicant of Russian origin and citizen of Israel-Applicant arriving in Canada on March 12, 1996 and immediately claiming refugee status-Claim rejected as no credible basis for applicant's claim-Date for removal to Israel set for July 19, 1999-Applicant making application for stay of removal order-Tests for stays same as those for injunctions: (a) serious question to be tried, (b) irreparable harm, and (c) balance of convenience-Elements all present in case at bar-Serious question to be tried whether lack of reasons vitiates immigration officer's decision-Applicant 72 years old and husband 60 years old-Both have health problems-Both would suffer irreparable harm if separated for indefinite period of time-Finding based on age, physical disabilities, interdependence and lack of equivalent support in either Canada or Israel-Balance of convenience favours applicant because of lateness of announcement of Minister's decision concerning date of removal-Stay application allowed.