Date: 20031119
Docket: IMM-8776-03
Citation: 2003 FC 1366
Toronto, Ontario, November 19th, 2003
Present: THE HONOURABLE MR. JUSTICE O'REILLY
BETWEEN:
PENG FAN PAN
Applicant
and
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER AND ORDER
[1] Mr. Pan has asked me to stay an order requiring his removal from Canada for his native Taiwan on November 21, 2003. He argues that a serious legal issue arises in his case- namely, whether the officer who assessed the personal risk to him if he were returned to Taiwan adequately considered the evidence before her and properly explained her conclusion that the risk was low. I can find no error in the decision of the officer and, therefore, conclude that the first branch of the test for a stay has not been satisfied: Toth v. Canada (Minister of Citizenship and Immigration), [1988] F.C.J. No. 587 (QL) (T.D.). I must, therefore, refuse Mr. Pan's request.
[2] Mr. Pan argued that he was at risk of mistreatment if returned to Taiwan because he would be forced to perform military service. He believes that new recruits are subjected to considerable abuse and there does appear to be some evidence of that. The officer considered the evidence that Mr. Pan had previously tendered in support of an unsuccessful refugee claim. She also considered additional documentary evidence that Mr. Pan had supplied, as well as recent reports of country conditions in Taiwan. Those reports suggest that there has been a considerable improvement in the treatment of new recruits in the Taiwanese military. In the end, the officer concluded that there was no more than a mere possibility of personal risk to Mr. Pan.
[3] Mr. Pan disputes the officer's emphasis on recent reports of the U.S. Department of State in preference to less favourable reports from other sources. It is clear, though, that the officer considered a variety of sources, including reports that outlined incidents of abuse within the military. In the end, she favoured reports from reliable sources indicating substantial improvement in recent years. I can find no legal error in the officer's approach to the issue before her, her assessment of the evidence or her reasoning. Accordingly, I find no serious issue to be tried in this case.
[4] Mr. Pan also argued that he would suffer irreparable harm if he were returned to Taiwan. He suggests, given that the risk assessment in his case was faulty, that he would have to face a risk that had not been evaluated adequately: Ivakhnenko v. Canada (Minister of Citizenship and Immigration) 2003 FCT 517, [2003] F.C.J. No. 713 (QL) (T.D.). This argument is dependent on the success of the foregoing argument and, therefore, it must also fail.
ORDER
THIS COURT ORDERS that:
1. The motion is dismissed.
"James W. O'Reilly"
Judge
FEDERAL COURT
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: IMM-8776-03
STYLE OF CAUSE: PENG FAN PAN
Applicant
and
THE MINISTER OF CITIZENSHIP AND
IMMIGRATION
Respondent
PLACE OF HEARING: TORONTO, ONTARIO
DATE OF HEARING: NOVEMBER 17, 2003
REASONS FOR ORDER
AND ORDER BY: O'REILLY J.
DATED: NOVEMBER 19, 2003
APPEARANCES:
|
Mr. Mario Bellissimo |
FOR THE APPLICANT |
|
Mr. Robert Bafaro |
FOR THE RESPONDENT |
SOLICITORS OF RECORD:
|
Ormston, Bellissimo, Younan 900-1000 Finch Avenue West Toronto, Ontario |
FOR THE APPLICANT
|
|
Deputy Attorney General of Canada Toronto, Ontario |
FOR THE RESPONDENT |
FEDERAL COURT
Date: 20031119
Docket: IMM-8776-03
BETWEEN:
PENG FAN PAN
Applicant
and
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER AND ORDER