TAO LIN Applicant v. THE MINISTER OF PUBLIC SAFETY, 2012 FC 839

Date: 20120629 Docket: IMM-6363-12 Citation: 2012 FC 839 Montréal, Quebec, June 29, 2012 PRESENT: The Honourable Mr. Justice Shore BETWEEN: TAO LIN Applicant and THE MINISTER OF PUBLIC SAFETY AND EMERGENCY PREPAREDNESS Respondent REASONS FOR ORDER AND ORDER [1] Subsequent to telephone conference pleadings, and in light of the oral and written material of both parties in respect of theApplicant’s motion to stay the execution of imminent removal from Canada, on June 30, 2012, the Applicant has raised an issue inrespect of the

interpretation of s 176 of the Immigration and Refugee Protection Regulations, SOR/2002-227. [2] No authority exists, in and of itself, by which to grant a deferral of removal due to one spouse of an applicant being aConvention-refugee, although the Convention-refugee spouse may be entitled to include his/her spouse in a permanent residenceapplication. [3] The Court has carefully considered all of the evidence in support of the deferral request in respect of any consequenceswhich may ensue due to refugee status having been conferred on the one spouse that could impinge on the other, should the non-refugeespouse be removed to his/her country of origin; none was found to that effect.

In addition, it is recognized that the couple did not marryin their country of origin, but, rather, in Canada. [4] The separation of this family does not demonstrate more than unfortunate but usual consequences of removal.

Also, theApplicant is in position to be sponsored eventually by the Convention-refugee spouse, if the relationship is bone fide; and, the spouse tobe sponsored is eligible in respect of factors linked to his person; thus, the couple does have the likelihood of unification in due course. [5] For all of the above reasons, the criteria that need to be satisfied in the conjunctive, tripartite Toth v Canada (Minister ofEmployment and Immigration) (1988), (FCA), 86 NR 302 (FCA) decision test, have not been met in any one of thethree criteria.

ORDER THEREFORE, THIS COURT ORDERS that the motion for a stay of removal be dismissed. « Michel M.J. Shore » Judge FEDERAL COURT SOLICITORS OF RECORD DOCKET: IMM-6363-12 STYLE OF CAUSE: TAO LIN v THE MINISTER OF PUBLIC SAFETY AND EMERGENCY PREPAREDNESS MOTION HELD VIA TELECONFERENCE ON JUNE 29, 2012 FROM MONTRÉAL , QUEBEC AND TORONTO, ONTARIO REASONS FOR ORDER AND ORDER : SHORE J. DATED: June 29, 2012 ORAL AND WRITTEN REPRESENTATIONS BY : Michael Korman FOR THE APPLICANT Monmi Goswami FOR THE RESPONDENT SOLICITORS OF RECORD :

Otis & Korman Barristers and Solicitors Toronto, Ontario FOR THE APPLICANT Myles J. Kirvan Deputy Attorney General of Canada Toronto, Ontario FOR THE RESPONDENT