Haxhillari v. Canada (Minister of Citizenship and Immigration)
Court headnote
Haxhillari v. Canada (Minister of Citizenship and Immigration) Court (s) Database Federal Court Decisions Date 2002-12-17 Neutral citation 2002 FCT 1310 File numbers IMM-6260-02 Decision Content Date: 20021217 Docket: IMM-6260-02 Neutral citation: 2002 FCT 1310 Toronto, Ontario, Tuesday, the 17th day of December, 2002 PRESENT: The Honourable Mr. Justice O'Keefe BETWEEN: ENRIK HAXHILLARI Applicant - and - THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent REASONS FOR ORDER AND ORDER [1] This is a motion by the Applicant, Enrik Haxhillari, for an order staying his removal from Canada scheduled for December 17, 2002. [2] The Applicant is a citizen of Albania who arrived in Canada on July 29, 2000 and claimed Convention Refugee status upon his arrival. [3] On February 25, 2002, the Applicant was declared not to be a Convention Refugee. [4] The Applicant submitted a PDRCC application under the former Immigration Act. [5] The Applicant later submitted a Post-Removal Risk Assessment (PRRA) under the new Immigration Regulations. [6] The Applicant met Lioudmila Petcherskaia in December 2001 and married her on April 14, 2002. [7] The Applicant received a negative PRRA decision on December 2, 2002 and was told that he would be deported on December 17, 2002. [8] The Applicant and his wife completed an inland sponsorship application which was sent to the Respondent on June 1, 2002. [9] The Applicant and his wife's doctor stated that both, the Applicant and his wife, "exhibit symptoms …
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Haxhillari v. Canada (Minister of Citizenship and Immigration) Court (s) Database Federal Court Decisions Date 2002-12-17 Neutral citation 2002 FCT 1310 File numbers IMM-6260-02 Decision Content Date: 20021217 Docket: IMM-6260-02 Neutral citation: 2002 FCT 1310 Toronto, Ontario, Tuesday, the 17th day of December, 2002 PRESENT: The Honourable Mr. Justice O'Keefe BETWEEN: ENRIK HAXHILLARI Applicant - and - THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent REASONS FOR ORDER AND ORDER [1] This is a motion by the Applicant, Enrik Haxhillari, for an order staying his removal from Canada scheduled for December 17, 2002. [2] The Applicant is a citizen of Albania who arrived in Canada on July 29, 2000 and claimed Convention Refugee status upon his arrival. [3] On February 25, 2002, the Applicant was declared not to be a Convention Refugee. [4] The Applicant submitted a PDRCC application under the former Immigration Act. [5] The Applicant later submitted a Post-Removal Risk Assessment (PRRA) under the new Immigration Regulations. [6] The Applicant met Lioudmila Petcherskaia in December 2001 and married her on April 14, 2002. [7] The Applicant received a negative PRRA decision on December 2, 2002 and was told that he would be deported on December 17, 2002. [8] The Applicant and his wife completed an inland sponsorship application which was sent to the Respondent on June 1, 2002. [9] The Applicant and his wife's doctor stated that both, the Applicant and his wife, "exhibit symptoms consistent with a diagnosis of post-traumatic stress disorder...". [10] The Applicant asked for a deferral of his removal, but the officer told the Applicant he could not defer as his only job was to give the papers. [11] Issue : Should a stay be granted? Analysis and Decision [12] In order to grant a stay, I must be satisfied that: 1. The Applicant has raised a serious issue to be tried. 2. The Applicant will suffer irreparable harm if removed. 3. The balance of convenience favors the Applicant. [13] The Applicant must meet all three conditions. Serious Issue [14] I am satisfied that the Applicant has raised a serious issue and that issue is whether the officer has a discretion to defer a removal. Irreparable Harm [15] I am of the view, based on the medical report that the Applicant's medical condition would suffer if he was removed from Canada. As well, I am satisfied from a perusal of the documentary evidence that persons in the Applicant's political position could be subject to persecution in Albania. These factors constitute irreparable harm. Balance of convenience [16] The balance of convenience favors the Applicant. He is not a threat to the public and the Respondent will still be free to deport him at a later date if he is unsuccessful with his application. [17] The motion for a stay is therefore allowed. ORDER The removal of the Applicant from Canada is stayed until the Applicant's application for leave for judicial review is denied or if leave is granted until the application for judicial review is disposed of by the Court. "John A. O'Keefe" J.F.C.C. FEDERAL COURT OF CANADA TRIAL DIVISION Names of counsel and solicitors of record DOCKET: IMM-6260-02 STYLE OF CAUSE: ENRIK HAXHILLARI Applicant - and - THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent PLACE OF HEARING: TORONTO, ONTARIO DATE OF HEARING: MONDAY, DECEMBER 16, 2002 REASONS FOR ORDER AND ORDER BY: O'KEEFE J. DATED: TUESDAY, DECEMBER 17, 2002 APPEARANCES BY: Ms. M. Christina F. Kurata For the Applicant Mr. John Loncar For the Respondent SOLICITORS OF RECORD: Ms. M. Christina F. Kurata Barrister & Solicitor 206 Bloor St. West, Suite 7 Toronto, Ontario M5S 1T8 For the Applicant Morris Rosenberg Deputy Attorney General of Canada For the Respondent FEDERAL COURT OF CANADA Date: 20021217 Docket: IMM-6260-02 BETWEEN: ENRIK HAXHILLARI Applicant - and - THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent REASONS FOR ORDER AND ORDER
Source: decisions.fct-cf.gc.ca