Date: 20030526
Docket: IMM-3721-03
Montréal, Quebec, May 26, 2003
Present: The Honourable Mr. Justice Pinard
BETWEEN:
MOHAMED TAYAA
Applicant
and
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
Motion by the applicant for an order of the Court to stay a deportation order issued against the applicant until final judgment to come on an application for judicial review filed by the applicant in opposition to a rejection decision under the pre-removal risk assessment program, dated April 14, 2003, by an officer of Citizenship and Immigration Canada, a decision communicated to the applicant on May 6, 2003.
ORDER
The motion to stay is dismissed.
"Yvon Pinard"
Judge
Certified true translation
Suzanne Gauthier, C. Tr., LL.L.
Date: 20030526
Docket: IMM-3721-03
Citation: 2003 FCT 649
BETWEEN:
MOHAMED TAYAA
Applicant
and
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
REASONS FOR ORDER
PINARD J.
[1] First, the applicant has not identified any reason related to the negative decision of the pre-removal risk assessment officer that might warrant the intervention of this Court; there is therefore no serious question.
[2] Second, the applicant does not allege that his removal would endanger his life or safety; and since the harm cited by the applicant, whose family is in Tunisia, is purely economic in nature, he has failed to establish the existence of irreparable harm.
[3] In the circumstances, finally, the balance of convenience favours the public interest in enforcing the immigration process provided by the Immigration and Refugee Protection Act.
[4] The motion to stay is therefore dismissed.
"Yvon Pinard"
Judge
Montréal, Quebec
May 26, 2003
Certified true translation
Suzanne Gauthier, C. Tr., LL.L.
FEDERAL COURT OF CANADA
TRIAL DIVISION
Date: 20030526
Docket: IMM-3721-03
Between:
MOHAMED TAYAA
Applicant
and
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
REASONS FOR ORDER
FEDERAL COURT OF CANADA
TRIAL DIVISION
SOLICITORS OF RECORD
DOCKET: IMM-3721-03
STYLE: MOHAMED TAYAA
Applicant
and
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
PLACE OF HEARING: Montréal, Quebec
DATE OF HEARING: May 26, 2003
REASONS FOR ORDER OF THE HONOURABLE MR. JUSTICE PINARD
DATED: May 26, 2003
APPEARANCES:
Marcel Dufour FOR THE APPLICANT
François Joyal FOR THE RESPONDENT
SOLICITORS OF RECORD:
Marcel Dufour FOR THE APPLICANT
Ste-Thérèse, Quebec
Morris Rosenberg FOR THE RESPONDENT
Deputy Attorney General of Canada
Montréal, Quebec