Man v. Canada (Minister of Citizenship and Immigration)

Man v. Canada (Minister of Citizenship and Immigration)
Court (s) Database
Federal Court Decisions
Date
2004-02-20
Neutral citation
2004 FC 258
File numbers
IMM-895-04
Decision Content
Date: 20040220
Docket: IMM-895-04
Citation: 2004 FC 258
BETWEEN:
HUNG PONG MAN
Applicant
and
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION and
THE SOLICITOR GENERAL OF CANADA
Respondents
REASONS FOR ORDER
LEMIEUX J.
[1] I reduce to writing the oral decision rendered when granting Mr. Man a stay from his removal to China pending determination of his leave and judicial review application from a negative risk assessment rendered by a PRRA officer in January of this year.
[2] In parallel proceedings in IMM-896-04 I granted Mr. Man a stay in respect of a negative H & C decision he also received in January of this year. The background facts are set out in my Reasons for Order in that case and need not be repeated here.
[3] The focus of the risk assessment turns on the treatment accorded in China to returnees to that country after conviction abroad for drug related offences which is what Mr. Man was convicted of twice (in 1993 and 1998) after being landed in this country in 1991 under a special programme set up after the Tian An Men Square massacre.
[4] I determined the applicant had made out serious issues related to three matters:
1) the appearance of institutional bias because of the interaction between an enforcement officer and the PRRA officer;
2) the failure of the PRRA officer to state how and why he sorted out conflicting documentary evidence on China's treatment of convicted drug returnees and
3) the circumstances the PRRA officer obtained information from Canadian officials in Beijing on China's drug policy in respect of returnees.
[5] Irreparable harm was made out - China's returnee policy for convicted drug offenders entailed possible imprisonment and execution.
[6] The balance of convenience favoured the applicant, having met the first two tests.
(Sgd.) "F. Lemieux"
Judge
Vancouver, British Columbia
February 20, 2004
FEDERAL COURT
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: IMM-895-04
STYLE OF CAUSE: Hung Pong Man v
The Minister of Citizenship and Immigration
PLACE OF HEARING: Vancouver British Columbia
DATE OF HEARING: February 16th, 2004
REASONS FOR ORDER: LEMIEUX J.
DATED: February 20th, 2004
APPEARANCES:
Darryl W. Larson FOR APPLICANT
Esta Resnick FOR RESPONDENTS
SOLICITORS OF RECORD:
Embarkation Law Group FOR APPLICANT
Vancouver BC
Morris Rosenberg FOR RESPONDENTS
Deputy Attorney General of Canada