Date: 20031117
Docket: IMM-8708-03
Citation: 2003 FC 1358
Vancouver, British Columbia, Monday, the 17th day of November, 2003
Present: THE HONOURABLE MADAM JUSTICE SIMPSON
BETWEEN:
SUKHPAL SINGH
Applicant
- and -
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
REASONS AND ORDER
[1] UPON the Applicant's application for leave and judicial review of a decision dated October 23, 2003, concerning his Pre-Removal Risk Assessment ("PRRA");
[2] AND UPON the Applicant's motion for a stay of his deportation on November 23, 2003, pending a final decision in his application for judicial review;
[3] AND UPON determining that there is no serious issue to be considered as part of the judicial review because the Applicant's need for protection has been analyzed both during his failed refugee claim, in which leave was denied, and during the PRRA process. In both cases the conclusion was reached that he was not in need of protection because he was not a high profile militant whose name appeared on the police's wanted list. For this reason, he would not face police action and torture on his return to India.
[4] AND UPON noting that this conclusion was reached because:
- the only credible evidence of the Applicant's contact with militants in the Punjab dealt with an incident in 1992 when he was forced to feed them a meal and give them his scooter
- the Applicant has lived in Africa with his wife and child for most of the time since 1992
- the Applicant visited his parents in the Punjab for a month in 1999
- the Applicant is a plumber and not a human rights activist or a militant
- it was determined that the Applicant had an Internal Flight Alternative outside the Punjab
- when the Applicant was arrested in 1992, he was released on payment of a bribe and, although his name was written down, there is no evidence that he is on the "wanted" list or that a warrant is outstanding for his arrest
[5] AND UPON determining that, given the Applicant's status as a low profile individual, the fact that a document prepared by a Danish government delegation and entitled "Report on fact finding mission to Punjab (India)" dealing with the position of the Sikhs in the period from March 21 to April 5, 2000, was not referred to by the officer conducting the PRRA is not material;
[6] AND UPON determining that four of the five reports the PRRA officer did consider were more current than the Danish Report;
[7] AND UPON determining that, given this Applicant's low profile, there is no prospect of irreparable harm;
[8] AND UPON determining that, since there is time for the Applicant to give instructions about the contents of his Motion Record for the judicial review before he leaves Canada, the balance of convenience favours the Minister.
ORDER
NOW, THEREFORE, THIS COURT ORDERS that this application for a stay is hereby dismissed.
(Sgd.) "Sandra J. Simpson"
Judge
FEDERAL COURT
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: IMM-8708-03
STYLE OF CAUSE: SUKHPAL SINGH
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATIO
PLACE OF HEARING: Vancouver, B.C.
DATE OF HEARING: November 17, 2003
REASONS AND ORDER OF: SIMPSON J.
DATED: November 17, 200
APPEARANCES:
Mr. Baldev Sandhu for APPLICANT
Ms. Helen Park for RESPONDEN
SOLICITORS OF RECORD:
Sandhu Law Office for APPLICANT
Vancouver, B.C.
Morris Rosenberg for RESPONDENT
Deputy Attorney General of Canada