Tayaa v. Canada (Minister of Citizenship and Immigration)
Court headnote
Tayaa v. Canada (Minister of Citizenship and Immigration) Court (s) Database Federal Court Decisions Date 2003-05-26 Neutral citation 2003 FCT 649 File numbers IMM-3721-03 Decision Content 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 eco…
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Tayaa v. Canada (Minister of Citizenship and Immigration) Court (s) Database Federal Court Decisions Date 2003-05-26 Neutral citation 2003 FCT 649 File numbers IMM-3721-03 Decision Content 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
Source: decisions.fct-cf.gc.ca