Federal Court Decisions

Decision Information

Decision Content

Date: 20030121

Docket: IMM-6601-02

Neutral citation: 2003 FCT 55

BETWEEN:

                                                        JAROSLAVA METLICKOVA,

                                                               JIRI METLICKA and

                                                               MICHAL METLICKA

                                                                                                                                                      Applicants

                                                                              - and -

                                                  THE MINISTER OF CITIZENSHIP

                                                              AND IMMIGRATION

                                                                                                                                                   Respondent

                                                            REASONS FOR ORDER

ROULEAU J.

[1]                 This is an application for a stay of a deportation order which is to be executed January 23, 2003.

[2]                 The applicants, a mother and her two sons, arrived in Canada in August 1997 and claimed refugee protection. The Immigration and Refugee Board heard their application on April 17, 1998, and a negative decision was rendered on November 12, 1998.

[3]                 The Board determined that their testimonies were not credible and that there was no evidence available to support their allegations that they would be subjected to persecution if returned to their native Czech Republic. Their claim was based on their association with people of Roma background, though they themselves are not part of their group nor does their physical appearance suggest that they would be mistaken for Romas.

[4]                 No application was filed for judicial review of the determination by the Tribunal.

[5]                 They filed a PPDRC application which was converted into a PRA in light of the Immigration and Refugee Protection Act which came into force in June 2002. A letter advising them to make submissions concerning their Pre-Removal Risk Assessment (PRA) was forwarded and an officer of Citizenship and Immigration Canada rendered a decision on October 31, 2002. As a result, their Conditional Departure Order became a deportation order effective as of that date. It was determined that they would not be subject to risk of persecution, torture or risk to life if returned to their country of nationality.

[6]                 An application for leave and judicial review of the PRA decision has been filed with the Court.

[7]                 No new evidence was offered by the applicants during their stay application. They repeated the same allegations of prejudice which were raised before the Refugee Board in 1998; this was determined to be not credible.

[8]                 The officer who evaluated their PRA application was satisfied that there was no unusual risk to their well-being if returned to the Czech Republic and was satisfied that the state could provide adequate protection if called upon to do so.

[9]                 The arguments advanced by the applicants with respect to the PRA decision were without merit; as a result no serious issue was established. The balance of convenience, as well as irreparable harm, favour the Minister executing his statutory duty.

[10]            The application for a stay of the deportation order is hereby dismissed.

  

(Sgd.) "P. Rouleau"

Judge

Vancouver, B.C.

January 21, 2003


                                                    FEDERAL COURT OF CANADA

                                                                 TRIAL DIVISION

                              NAMES OF COUNSEL AND SOLICITORS OF RECORD

    

DOCKET:                                             IMM-6601-02

STYLE OF CAUSE:                           JAROSLAVA METLICKOVA, JIRI METLICKA

and MICHAL METLICKA v. MCI

                                                                                   

  

PLACE OF HEARING:                     Vancouver, B.C.

DATE OF HEARING:                       January 20, 2003

REASONS FOR ORDER:              Rouleau J.

DATED:                                                January 21, 2003

   

APPEARANCES:

Mr. Jiri Metlicka                                                                             on his own behalf

Mr. Ilya Dnebosky                                                                         (interpreter)

Mr. Keith Reimer                                                                           for Respondent

  

SOLICITORS OF RECORD:

Mr. Jiri Metlicka                                                                             on his own behalf

Morris Rosenberg                                                                           for Respondent

Deputy Attorney General of Canada

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