Haddad v. Canada (Minister of Citizenship and Immigration)

Haddad v. Canada (Minister of Citizenship and Immigration)
Court (s) Database
Federal Court Decisions
Date
2003-04-08
Neutral citation
2003 FCT 405
File numbers
IMM-1720-03
Decision Content
Date: 20030408
Docket: IMM-1720-03
Montréal, Quebec, April 8, 2003
Present: THE HONOURABLE MR. JUSTICE ROULEAU
BETWEEN:
CAMIL HANA HADDAD
Applicant
and
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
Motion by the applicant for a stay of execution of the removal order scheduled for April 15, 2003.
ORDER
The application is dismissed.
"Paul Rouleau"
Judge
Certified true translation
Suzanne Gauthier, C. Tr., LL.L.
Date: 20030408
Docket: IMM-1720-03
Neutral Citation: 2003 FCT 405
BETWEEN:
CAMIL HANA HADDAD
Applicant
and
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
REASONS FOR ORDER
ROULEAU J.
[1] This is a motion for a stay of execution of a removal order issued against the applicant; an application for leave attacking a negative decision by the pre-removal risk assessment (PRRA) officer dated February 4, 2003.
[2] The applicant, a citizen of Lebanon, was notified that he would be removed to the United States April 15, 2003.
[3] When he arrived in Canada from the United States in May 2000, he requested asylum on the basis of his political opinions as a mechanic within the South Lebanon Army (SLA). The application for refugee status was rejected in May 2002 for lack of credibility. He has not filed any application for leave and judicial review of this decision with the Court.
[4] In May 2002, an application to the pre-removal risk assessment (PRRA) program was filed. And on September 9, 2002, the applicant also filed an application for humanitarian considerations with risks.
[5] On September 11, 2002, he was summonsed to the offices of Citizenship and Immigration Canada and was given 30 days in which to supply new observations in support of his allegations in the PRRA application. A decision was made February 4, 2003, in the absence of any new observations; a negative decision on the PRRA application.
[6] The same officer then examined the humanitarian considerations request and the request for an exemption was not granted.
[7] The applicant argues that there is an apprehension of bias because the same officer processed the request for a visa exemption for humanitarian considerations and the PRRA application.
[8] This argument cannot be advanced without proof. Moreover, this Court has held that a decision-maker who assesses risks twice in a particular case does not by this fact alone demonstrate bias.
[9] The applicant shall be removed to the United States. No material evidence shows that he will be sent to Lebanon, an allegation that is purely speculative.
[10] The case law of this Court has on many occasions held that a removal to the United States, with potential removal from there to one's country of origin, does not constitute irreparable harm.
[11] The serious question cited by the applicant is based on the submission that the same officer made two decisions - and this argument has already been rejected. The decisions were made in accordance with the principles of procedural fairness. Moreover, the applicant had an opportunity to present written observations, and did not do so.
[12] The balance of convenience weighs in favour of the Minister. Absent irreparable harm and serious questions, there is no need for the Court to assess this criterion.
[13] The application is dismissed.
"Paul Rouleau"
Judge
Montréal, Quebec
April 8, 2003
Certified true translation
Suzanne Gauthier, C. Tr., LL.L.
FEDERAL COURT OF CANADA
TRIAL DIVISION
Date: 20030408
Docket: IMM-1720-03
Before:
CAMIL HANA HADDAD
Applicant
and
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
REASONS FOR ORDER
FEDERAL COURT OF CANADA
TRIAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET NO: IMM-1720-02
STYLE:
CAMIL HANA HADDAD
Applicant
and
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
PLACE OF HEARING: Montréal, Quebec
DATE OF HEARING: April 7, 2003
REASONS FOR ORDER OF THE HONOURABLE MR. JUSTICE ROULEAU
DATED: April 8, 2003
APPEARANCES:
Anthony Karkar FOR THE APPLICANT
Patricia Deslauriers FOR THE RESPONDENT
SOLICITORS OF RECORD:
Anthony Karkar FOR THE APPLICANT
Montréal, Quebec
Morris Rosenberg FOR THE RESPONDENT
Deputy Attorney General of Canada
Montréal, Quebec