Alezeri v. Canada (Public Safety and Emergency Preparedness)
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Alezeri v. Canada (Public Safety and Emergency Preparedness) Court (s) Database Federal Court Decisions Date 2010-05-03 Neutral citation 2010 FC 486 File numbers IMM-2326-10 Decision Content Federal Court Cour fédérale Date: 20100503 Docket: IMM-2326-10 Citation: 2010 FC 486 Toronto, Ontario, May 3, 2010 PRESENT: The Honourable Mr. Justice Shore BETWEEN: ABDULLAH MOHAMMED ALEZERI Applicant and THE MINISTER OF PUBLIC SAFETY AND EMERGENCY PREPAREDNESS Respondent REASONS FOR ORDER AND ORDER [1] Consideration having been given to the background of this motion for a stay of removal, the Court, further to analysis, is in agreement with the Respondent. [2] The Applicant has made various immigration applications in addition to applications for leave and judicial review. Subsequent to a negative refugee decision, based on a negative credibility finding, a negative pre-removal risk assessment (PRRA) and a negative decision on humanitarian and compassionate grounds, his applications for leave and judicial review of these negative decisions were all dismissed by this Court. In addition, a second PRRA application, has since been submitted by the Applicant with, as yet, no decision. [3] The Applicant has brought the present underlying application for leave and judicial review of a refusal to defer before a decision was even made on his request, although it has since been made. The date of departure has been set for May 6, 2010. [4] As no serious issue, nor irreparable harm has been demonst…
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Alezeri v. Canada (Public Safety and Emergency Preparedness) Court (s) Database Federal Court Decisions Date 2010-05-03 Neutral citation 2010 FC 486 File numbers IMM-2326-10 Decision Content Federal Court Cour fédérale Date: 20100503 Docket: IMM-2326-10 Citation: 2010 FC 486 Toronto, Ontario, May 3, 2010 PRESENT: The Honourable Mr. Justice Shore BETWEEN: ABDULLAH MOHAMMED ALEZERI Applicant and THE MINISTER OF PUBLIC SAFETY AND EMERGENCY PREPAREDNESS Respondent REASONS FOR ORDER AND ORDER [1] Consideration having been given to the background of this motion for a stay of removal, the Court, further to analysis, is in agreement with the Respondent. [2] The Applicant has made various immigration applications in addition to applications for leave and judicial review. Subsequent to a negative refugee decision, based on a negative credibility finding, a negative pre-removal risk assessment (PRRA) and a negative decision on humanitarian and compassionate grounds, his applications for leave and judicial review of these negative decisions were all dismissed by this Court. In addition, a second PRRA application, has since been submitted by the Applicant with, as yet, no decision. [3] The Applicant has brought the present underlying application for leave and judicial review of a refusal to defer before a decision was even made on his request, although it has since been made. The date of departure has been set for May 6, 2010. [4] As no serious issue, nor irreparable harm has been demonstrated (in clear and non-speculative evidence) and as the balance of convenience favours the Respondent, this motion is dismissed as per the tripartite conjunctive Toth test (Toth v. Canada (Minister of Employment and Immigration) (1988), 302 F.C.A.). ORDER THIS COURT ORDERS that this motion for a stay of removal be dismissed. “Michel M.J. Shore” Judge FEDERAL COURT SOLICITORS OF RECORD DOCKET: IMM-2326-10 STYLE OF CAUSE: ABDULLAH MOHAMMED ALEZERI v. THE MINISTER OF PUBLIC SAFETY AND EMERGENCY PREPAREDNESS PLACE OF HEARING: Toronto, Ontario DATE OF HEARING: May 3, 2010 REASONS FOR ORDER AND ORDER: SHORE J. DATED: May 3, 2010 APPEARANCES: D. Clifford Luyt FOR THE APPLICANT Asha Gafar FOR THE RESPONDENT SOLICITORS OF RECORD: D. Clifford Luyt Barrister and Solicitor 160 Delaware Avenue Toronto, Ontario FOR THE APPLICANT Myles Kirvan Deputy Attorney General of Canada FOR THE RESPONDENT
Source: decisions.fct-cf.gc.ca
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