Case Name:
Zaneta Dunova v. Canada
(The Minister of Citizenship and Immigration and The Minister of Public Safety)
Between Zaneta Dunova applicant and, The Minister of Citizenship and Immigration and The Minister of Public Safety respondents
Date: 20090904
Docket: IMM-4050-09
Federal Court
Toronto, Ontario
Counsel:
Max Berger, for the applicant.
Nicole Rahman, for the respondents.
UPON MOTION to stay her removal currently scheduled for September 10, 2009, at 4:05 P.M. to the Czech Republic;
AND UPON hearing counsel for the Applicant and the Respondents and reviewing all materials filed;
AND UPON noting and concluding that the Applicant has raised a serious issue, at least as regards the basis for the Officer’s state protection findings and that, although the Applicant may have mobility rights within the European Union, she is being returned to the Czech Republic with two extremely young children to face the threats to her life and health which the Officer did not question had occurred to her in the past and which the Officer acknowledged that Roma people face, so that the Applicant has also satisfied the irreparable harm and balance of convenience aspects of the Toth test;
THIS COURT ORDERS that the motion for a stay is granted until such time as the underlying leave and judicial review application has been dealt with by the Court.
“James Russell”
Judge
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