Bhatia v. Canada (Minister of Citizenship and Immigration)

Bhatia v. Canada (Minister of Citizenship and Immigration)
Court (s) Database
Federal Court Decisions
Date
2006-12-22
Neutral citation
2006 FC 1550
File numbers
IMM-6577-06
Decision Content
Date: 20061222
Docket: IMM-6577-06
Citation: 2006 FC 1550
Ottawa, Ontario, this 22nd day of December 2006
PRESENT: The Honourable Mr. Justice Pinard
BETWEEN:
YASH PAL BHATIA
Applicant
and
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
UPON MOTION on behalf of the applicant for an Order to stay the execution of his Removal Order scheduled to occur on December 28, 2006;
UPON hearing this motion together with a similar motion in Court File IMM-6578-06;
UPON reading the material before the Court;
AND UPON hearing counsel for the parties by telephone conference;
REASONS FOR ORDER and ORDER
The requested stay is denied on the basis of lack of a serious issue. The applicant is essentially challenging the PRRA officer’s findings of fact and weighing of the evidence. In that regard, the applicant has failed to satisfy me that he has an arguable case concerning the PRRA officer’s finding that his Pre-Removal Risk Assessment was based on the same risks that were presented to the Refugee Protection Division which had denied his refugee claim and the additional finding that he had provided insufficient new evidence to warrant a different conclusion. Furthermore, the applicant has not pointed to any evidence of new risks that was before the PRRA officer, who must be presumed to have considered all of the evidence before her, which directly contradicted any of her conclusions. Finally, I agree with the respondent that it was entirely reasonable for the PRRA officer to find that the applicant did not address the Refugee Protection Division’s findings with respect to State protection and internal flight alternative.
ORDER
Consequently, the motion is dismissed.
“Yvon Pinard”
Judge
FEDERAL COURT
NAME OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: IMM-6577-06
STYLE OF CAUSE: YASH PAL BHATIA v. THE MINISTER OF
CITIZENSHIP AND IMMIGRATION
HEARING HELD BY TELEPHONE CONFERENCE
DATE OF HEARING: December 21, 2006
REASONS FOR ORDER and ORDER: Pinard J.
DATED: December 22, 2006
APPEARANCES:
Mr. Boniface Ahunwan FOR THE APPLICANT
Mr. John Provart FOR THE RESPONDENT
SOLICITORS OF RECORD:
Boniface Ahunwan FOR THE APPLICANT
North York, Ontario
John H. Sims, Q.C. FOR THE RESPONDENT
Deputy Attorney General of Canada