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Decision Content

                                                                                                                                            Date: 20030127

                                                                                                                                 Docket: IMM-436-03

Montréal, Quebec, January 27, 2003

Present:           The Honourable Mr. Justice Lemieux

BETWEEN:

HAKKI AKDENIZ

Applicant

and

THE MINISTER OF CITIZENSHIP

AND IMMIGRATION

Respondent

Motion by the applicant for the stay of a removal order, the removal being effective Tuesday, January 28, 2003.

ORDER

For reasons expressed this afternoon, this application for a stay is dismissed.

                      "François Lemieux"

                                  Judge

Certified true translation

Suzanne M. Gauthier, C. Tr., LL.L.


Date: 20030128

                                      Docket: IMM-436-03

Neutral Citation: 2003 FCT 91

BETWEEN:

HAKKI AKDENIZ

Applicant

and

THE MINISTER OF CITIZENSHIP

AND IMMIGRATION

Respondent

REASONS FOR ORDER

LEMIEUX J.

[1]         I am briefly expressing in writing the reasons delivered orally yesterday dismissing an application for stay of a deportation order effective today.

[2]         The applicant Hakki Akdeniz says he is a Kurd and a citizen of Turkey. On March 29, 2001, he arrived in Canada and claimed refugee status. The Refugee Division dismissed his claim for three reasons: (1) it did not believe that Mr. Akdeniz is a Kurd; (2) it did not consider him credible; and (3) it considered that not wanting to do one's military service is not a reason for one's recognition as a refugee.


[3]         His application for leave and judicial review of the decision of the Refugee Division was dismissed by this Court.

[4]         On October 18, 2002, the applicant applied for a pre-removal risk assessment (PRRA) as provided in the new Immigration and Refugee Protection Act.

[5]         On December 3, 2002, the PRRA officer Julie Luneau rejected his application but it was not until January 9, 2003, that the reasons for the decision were given to the applicant.

[6]         It was not until January 24, 2003, that an application for a stay was filed in the Court.

[7]         The only ground cited in opposition to the decision is a breach of natural justice. The applicant alleges that the real nature of his story could not be known by the PRRA officer owing to faulty interpretation.

[8]         I am unable from my review of the record to find that the applicant has demonstrated the existence of a serious issue or that he would suffer irreparable harm if he were to return to the United States or Turkey.

[9]         The alleged errors in interpretation are those before the I.R.B. and this ground was not cited by the applicant when applying for leave in this Court.

[10]       The PRRA officer did not interview the applicant and assessed his request in light of the written arguments that were submitted.


[11]       The applicant's counsel was unable to demonstrate to me how the written arguments in support of his PRRA application were the result of a misinterpretation or mistranslation and failed to express the real nature of his fear.

[12]       There is another reason for dismissing this application for a stay. This application comes at the very last minute, and no justification was presented. A number of judges of this Court have held that it was not in the interest of justice, in similar circumstances, to examine an application for a stay.

[13]       This application for a stay is dismissed.

                      "François Lemieux"

                                  Judge

Montréal, Quebec

January 28, 2003

Certified true translation

Suzanne M. Gauthier, C. Tr., LL.L.


FEDERAL COURT OF CANADA

TRIAL DIVISION

Date: 20030128

                                                   Docket: IMM-436-03

Between:

HAKKI AKDENIZ

Applicant

and

THE MINISTER OF CITIZENSHIP

AND IMMIGRATION

Respondent

REASONS FOR ORDER


FEDERAL COURT OF CANADA

TRIAL DIVISION

NAMES OF COUNSEL AND SOLICITORS OF RECORD

DOCKET NO:                         IMM-436-03   

STYLE:                                      HAKKI AKDENIZ

and

THE MINISTER OF CITIZENSHIP

AND IMMIGRATION

PLACE OF HEARING:         Montréal, Quebec

DATE OF HEARING:            January 27, 2003

REASONS FOR ORDER OF THE HONOURABLE MR. JUSTICE LEMIEUX

DATED:                                   January 28, 2003

APPEARANCES:

Daniel Drouin                                                                                  FOR THE APPLICANT

Claudia Gagnon                                                                              FOR THE RESPONDENT

SOLICITORS OF RECORD:

Drouin Lakhdar                                                                              FOR THE APPLICANT

Montréal, Quebec

Morris Rosenberg                                                                           FOR THE RESPONDENT

Deputy Attorney General of Canada

Montréal, Quebec

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