Babilly v. Canada (Minister of Citizenship and Immigration)
Court headnote
Babilly v. Canada (Minister of Citizenship and Immigration) Court (s) Database Federal Court Decisions Date 2003-10-22 Neutral citation 2003 FC 1231 File numbers IMM-1472-03 Decision Content Date: 20031022 Docket: IMM-1472-03 Citation: 2003 FC 1231 Toronto, Ontario, October 22nd, 2003 Present: The Honourable Mr. Justice Lemieux BETWEEN: IHSAN BABILLY Applicant and THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent REASONS FOR ORDER AND ORDER [1] The Applicant, a citizen of Syria, seeks a stay of his removal from Canada to Syria pending consideration and final determination by this Court of his application for leave and judicial review of the January 18th, 2003 decision made by the Immigration Officer Tang (the Immigration Officer) who dismissed his application for permanent residence on H & C grounds (the decision). [2] The Applicant's leave application challenges the decision on the grounds the Immigration Officer erred in her consideration of the risk component of the H & C application by non-compliance with Citizenship and Immigration Canada's Manual which resulted in the Immigration Officer not referring the risk raised for evaluation by a Pre-Removal Risk Assessment Officer (PRRA Officer). [3] Events have somewhat overtaken the Applicant's concerns because, concurrently with hearing of this stay motion, I heard an application by the Applicant in IMM-8077-03 for a stay of removal related to a decision of PRRA Officer Morgan dated August 8th, 2003 who had conducted a P…
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Babilly v. Canada (Minister of Citizenship and Immigration) Court (s) Database Federal Court Decisions Date 2003-10-22 Neutral citation 2003 FC 1231 File numbers IMM-1472-03 Decision Content Date: 20031022 Docket: IMM-1472-03 Citation: 2003 FC 1231 Toronto, Ontario, October 22nd, 2003 Present: The Honourable Mr. Justice Lemieux BETWEEN: IHSAN BABILLY Applicant and THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent REASONS FOR ORDER AND ORDER [1] The Applicant, a citizen of Syria, seeks a stay of his removal from Canada to Syria pending consideration and final determination by this Court of his application for leave and judicial review of the January 18th, 2003 decision made by the Immigration Officer Tang (the Immigration Officer) who dismissed his application for permanent residence on H & C grounds (the decision). [2] The Applicant's leave application challenges the decision on the grounds the Immigration Officer erred in her consideration of the risk component of the H & C application by non-compliance with Citizenship and Immigration Canada's Manual which resulted in the Immigration Officer not referring the risk raised for evaluation by a Pre-Removal Risk Assessment Officer (PRRA Officer). [3] Events have somewhat overtaken the Applicant's concerns because, concurrently with hearing of this stay motion, I heard an application by the Applicant in IMM-8077-03 for a stay of removal related to a decision of PRRA Officer Morgan dated August 8th, 2003 who had conducted a PRRA under the provisions of the new Immigration and Refugee Protection Act. [4] Since I am issuing a stay in respect of PRRA Officer's decision in IMM-8077-03 there may be no useful purpose in considering issuing a stay in this file because the underlying leave application may be moot. In the circumstances, this issue should be addressed by the parties on the leave application. This stay application is adjourned for that purpose. ORDER THIS COURT ORDERS that this stay application is adjourned and may be brought back by the Applicant on two days notice. I remain seized of the matter. "François Lemieux" J.F.C. FEDERAL COURT NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: IMM-1472-03 STYLE OF CAUSE: IHSAN BABILLY Applicant and THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent PLACE OF HEARING: TORONTO, ONTARIO DATE OF HEARING: OCTOBER 20, 2003 REASONS FOR ORDER AND ORDER BY: LEMIEUX J. DATED: OCTOBER 22, 2003 APPEARANCES: Ms. Robin L. Seligman FOR APPLICANT Ms. Leena Jaakkamainen FOR RESPONDENT SOLICITORS OF RECORD: Robin L. Seligman Barrister & Solicitor Toronto, Ontario FOR APPLICANT Morris Rosenberg Deputy Attorney General of Canada FOR RESPONDENT FEDERAL COURT Date: 20031022 Docket: IMM-1472-03 BETWEEN: IHSAN BABILLY Applicant and THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent REASONS FOR ORDER AND ORDER
Source: decisions.fct-cf.gc.ca