Bar v. Canada (Minister of Citizenship and Immigration)
Court headnote
Bar v. Canada (Minister of Citizenship and Immigration) Court (s) Database Federal Court Decisions Date 2004-01-27 Neutral citation 2004 FC 129 File numbers IMM-432-03 Decision Content Date: 20040127 Docket: IMM-432-03 Citation: 2004 FC 129 Ottawa, Ontario, January 27, 2004 PRESENT: THE HONOURABLE MR. JUSTICE BEAUDRY BETWEEN: ALON BAR a.k.a. LUDWIG FAINBERG Applicant and THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent REASONS FOR ORDER AND ORDER [1] This is a motion for the stay of execution of a removal order that becomes effective on January 28, 2004, at 6:00 p.m. The applicant urges this Court to grant him a stay so that he will not be sent back to Israël while awaiting the final disposition of his application for reconsideration by the Minister of the opinion that there is a danger to public safety, and also his application for reconsideration of the decision made by the Honourable Mr. Justice Noël, dismissing his application for leave and for judicial review. [2] In order to be successful, the applicant must show that there is a serious issue to be tried, that he could suffer irreparable harm and that the balance of convenience favours him (Toth v. Canada (Minister of Employment and Immigration) (1988), 6 Imm. L.R. (2d) 123 (F.C.A.). [3] Having heard the parties and reviewed the documents that were filed, I have not been persuaded by the applicant with respect to the second element, i.e. that of an irreparable harm. [4] In this case, the applicant has not persuade…
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Bar v. Canada (Minister of Citizenship and Immigration) Court (s) Database Federal Court Decisions Date 2004-01-27 Neutral citation 2004 FC 129 File numbers IMM-432-03 Decision Content Date: 20040127 Docket: IMM-432-03 Citation: 2004 FC 129 Ottawa, Ontario, January 27, 2004 PRESENT: THE HONOURABLE MR. JUSTICE BEAUDRY BETWEEN: ALON BAR a.k.a. LUDWIG FAINBERG Applicant and THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent REASONS FOR ORDER AND ORDER [1] This is a motion for the stay of execution of a removal order that becomes effective on January 28, 2004, at 6:00 p.m. The applicant urges this Court to grant him a stay so that he will not be sent back to Israël while awaiting the final disposition of his application for reconsideration by the Minister of the opinion that there is a danger to public safety, and also his application for reconsideration of the decision made by the Honourable Mr. Justice Noël, dismissing his application for leave and for judicial review. [2] In order to be successful, the applicant must show that there is a serious issue to be tried, that he could suffer irreparable harm and that the balance of convenience favours him (Toth v. Canada (Minister of Employment and Immigration) (1988), 6 Imm. L.R. (2d) 123 (F.C.A.). [3] Having heard the parties and reviewed the documents that were filed, I have not been persuaded by the applicant with respect to the second element, i.e. that of an irreparable harm. [4] In this case, the applicant has not persuaded me that he is wanted, or that he risks persecution, by the Israeli authorities. The allegations in his affidavit on this subject are vague and unclear. It would also be speculative to say that he risks torture. [5] The alleged personal inconveniences, for him as well as for his wife and daughter, do not satisfy the notion of irreparable harm in Toth, supra. I therefore do not have to analyze the first prerequisite, namely the existence of a serious issue to be tried. [6] Given the circumstances of this case, I am of the opinion that the balance of convenience favours the respondent (subsection 48(2) of the Immigration and Refugee Protection Act, S.C. 2001, c. 27). ORDER Accordingly, THE COURT ORDERS that the motion be dismissed. "Michel Beaudry" Judge Certified true translation Kelley A. Harvey, BA, BCL, LLB FEDERAL COURT SOLICITORS OF RECORD DOCKET: IMM-432-03 STYLE OF CAUSE: ALON BAR a.k.a. LUDWIG FAINBERG v. THE MINISTER OF CITIZENSHIP AND IMMIGRATION PLACE OF HEARING: OTTAWA, ONTARIO, by teleconference DATE OF HEARING: JANUARY 27, 2004 REASONS FOR ORDER AND ORDER: BEAUDRY J. DATE OF REASONS: JANUARY 27, 2004 APPEARANCES: Rolland Carrier and Jeannine Landry FOR THE APPLICANT Michel Pépin FOR THE RESPONDENT SOLICITORS OF RECORD: Jeannine Landry FOR THE APPLICANT Montréal, Quebec Morris Rosenberg FOR THE RESPONDENT Deputy Attorney General of Canada Montréal, Quebec
Source: decisions.fct-cf.gc.ca