Date: 20030425
Docket: IMM-2876-03
Citation: 2003 FCT 519
Ottawa, Ontario, this 25th day of April 2003
Present: THE HONOURABLE MR. JUSTICE O'REILLY
BETWEEN:
RENE PERALTA CONSTANTINI
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER AND ORDER
[1] Mr. Constantini seeks a stay of execution of an order requiring his removal from Canada on April 26, 2003. He argues that a Pre-Removal Risk Assessment Officer made a serious error in finding that he was not likely to be subjected to mistreatment if he returned to Mexico. He also argued that he suffered prejudice by virtue of the fact that there was a four-month delay between the officer's decision and its delivery to him.
[2] Having reviewed the evidence before the officer, I find that the officer considered the evidence thoroughly. In fact, there was very little evidence of any risk to Mr. Constantini before him. Mr. Constantini had made a vague reference to political harassment of his father, but no details were provided. I see no error in the officer's analysis or conclusions. Nor do I find that Mr. Constantini was prejudiced by the delay in communicating the officer's decision to him.
[3] Accordingly, finding no serious issue to be tried in this case, I must dismiss this motion to stay the removal order.
ORDER
THIS COURT ORDERS that
1. The motion for a stay is dismissed.
"James W. O'Reilly"
J.F.C.C.
FEDERAL COURT OF CANADA
NAMES OF SOLICITORS AND SOLICITORS OF RECORD
DOCKET: IMM-2876-03
STYLE OF CAUSE:
RENE PERALTA CONSTANTINI
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
MOTION DEALT VIA
TELECONFERENCE IN : OTTAWA, Ontario
DATE OF HEARING: FRIDAY, APRIL 25, 2003
REASONS FOR ORDER
AND ORDER: THE HONOURABLE MR. JUSTICE O'REILLY
APPEARANCES BY TELECONFERENCE:
Joël Etienne For the Applicant
Greg George For the Respondent
SOLICITORS OF RECORD:
Joël Etienne
Barrister & Solicitor
1280 Finch Avenue West, Unit 601-B
Toronto, Ontario For the Applicant
Morris Rosenberg
Deputy Attorney General of Canada
Department of Justice
Exchange Tower
2 First Canadian Place, Suite 3400
Toronto, Ontario M5X 1K6 For the Respondent