Jiwa v. Canada (Minister of Public Safety and Emergency Preparedness)
Source text
Jiwa v. Canada (Minister of Public Safety and Emergency Preparedness) Court (s) Database Federal Court Decisions Date 2006-07-17 Neutral citation 2006 FC 885 File numbers IMM-3870-06 Decision Content Date: 20060717 Docket: IMM-3870-06 Citation: 2006 FC 885 Toronto, Ontario, July 17, 2006 PRESENT: The Honourable Mr. Justice Shore BETWEEN: JAMILA HASSAN MOHAMED JIWA Applicant and THE MINISTER OF PUBLIC SAFETY AND EMERGENCY PREPAREDNESS Respondent REASONS FOR ORDER AND ORDER [1] The Court heard the applicant's motion for a stay on an urgent basis. [2] Despite the able arguments advanced by counsel for the applicant, the Court dismisses the application for a stay. Even if the Court were to assume that the applicant had raised a serious issue to be tried, the applicant has not established the existence of any irreparable harm as is recognized from the Pre-Removal Risk Assessment which is based substantially on her refugee claim which failed on the basis of a lack of credibility in respect of both the (personal) subjective and (country condition) objective evidence. [3] The Court finds no irreparable harm to the applicant and the balance of convenience lies in favour of executing the removal order against the Applicant. [4] The application for a stay of removal is denied. ORDER THIS COURT ORDERS that the application for a stay of removal be denied. "Michel M.J. Shore" Judge FEDERAL COURT NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: IMM-3870-06 STYLE OF CAUSE: JAMILA HASSAN MOH…
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Jiwa v. Canada (Minister of Public Safety and Emergency Preparedness) Court (s) Database Federal Court Decisions Date 2006-07-17 Neutral citation 2006 FC 885 File numbers IMM-3870-06 Decision Content Date: 20060717 Docket: IMM-3870-06 Citation: 2006 FC 885 Toronto, Ontario, July 17, 2006 PRESENT: The Honourable Mr. Justice Shore BETWEEN: JAMILA HASSAN MOHAMED JIWA Applicant and THE MINISTER OF PUBLIC SAFETY AND EMERGENCY PREPAREDNESS Respondent REASONS FOR ORDER AND ORDER [1] The Court heard the applicant's motion for a stay on an urgent basis. [2] Despite the able arguments advanced by counsel for the applicant, the Court dismisses the application for a stay. Even if the Court were to assume that the applicant had raised a serious issue to be tried, the applicant has not established the existence of any irreparable harm as is recognized from the Pre-Removal Risk Assessment which is based substantially on her refugee claim which failed on the basis of a lack of credibility in respect of both the (personal) subjective and (country condition) objective evidence. [3] The Court finds no irreparable harm to the applicant and the balance of convenience lies in favour of executing the removal order against the Applicant. [4] The application for a stay of removal is denied. ORDER THIS COURT ORDERS that the application for a stay of removal be denied. "Michel M.J. Shore" Judge FEDERAL COURT NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: IMM-3870-06 STYLE OF CAUSE: JAMILA HASSAN MOHAMED JIWA v. THE MINISTER OF PUBLIC SAFETY AND EMERGENCY PREPAREDNESS PLACE OF HEARING: Toronto, Ontario DATE OF HEARING: July 17, 2006 REASONS FOR ORDER AND ORDER: SHORE J. DATED: July 17, 2006 APPEARANCES: Ms. Wennie Lee FOR THE APPLICANT Mr. Greg G. George FOR THE RESPONDENT SOLICITORS OF RECORD: LEE & COMPANY Barrister & Solicitor Toronto, Ontario FOR THE APPLICANT JOHN H. SIMS, Q.C. Deputy Attorney General of Canada FOR THE RESPONDENT
Source: decisions.fct-cf.gc.ca
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2024 CAF 75