Lamah v. Canada (Minister of Citizenship and Immigration)
Court headnote
Lamah v. Canada (Minister of Citizenship and Immigration) Court (s) Database Federal Court Decisions Date 2003-11-12 Neutral citation 2003 FC 1332 File numbers IMM-8530-03 Decision Content Date: 20031112 Docket: IMM-8530-03 Citation: 2003 FC 1332 BETWEEN: FOROMO ÉMILE LAMAH Applicant and THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent REASONS FOR ORDER PINARD J. [1] This is a motion for stay of a removal order issued against the applicant that challenges the decision of the pre-removal risk assessment (PRRA) officer, Hélène Dostie, dated September 29, 2003, refusing him protection in Canada. The applicant had been denied refugee status previously because his application was not found to be credible. The requested stay is denied for the following reasons: 1- The applicant has not managed to establish the existence of a serious question, as his application for leave to file an application for judicial review rests entirely on a question of assessment of facts by the pre-removal risk assessment officer. As no palpable and overriding error has been demonstrated in this respect and, to the contrary, it appears that the decision at issue, a well-reasoned decision, is based on serious evidence in the record, the applicant has not persuaded me that he is able to discharge the heavy burden of showing that the impugned decision is patently unreasonable, i.e. clearly irrational. 2- The repression referred to by the applicant should he return to Guinea proves to be rather speculat…
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Lamah v. Canada (Minister of Citizenship and Immigration) Court (s) Database Federal Court Decisions Date 2003-11-12 Neutral citation 2003 FC 1332 File numbers IMM-8530-03 Decision Content Date: 20031112 Docket: IMM-8530-03 Citation: 2003 FC 1332 BETWEEN: FOROMO ÉMILE LAMAH Applicant and THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent REASONS FOR ORDER PINARD J. [1] This is a motion for stay of a removal order issued against the applicant that challenges the decision of the pre-removal risk assessment (PRRA) officer, Hélène Dostie, dated September 29, 2003, refusing him protection in Canada. The applicant had been denied refugee status previously because his application was not found to be credible. The requested stay is denied for the following reasons: 1- The applicant has not managed to establish the existence of a serious question, as his application for leave to file an application for judicial review rests entirely on a question of assessment of facts by the pre-removal risk assessment officer. As no palpable and overriding error has been demonstrated in this respect and, to the contrary, it appears that the decision at issue, a well-reasoned decision, is based on serious evidence in the record, the applicant has not persuaded me that he is able to discharge the heavy burden of showing that the impugned decision is patently unreasonable, i.e. clearly irrational. 2- The repression referred to by the applicant should he return to Guinea proves to be rather speculative. Otherwise, the applicant testifies only of disadvantages, with no danger to his life or safety. He has not, therefore, shown the existence of irreparable harm within the meaning of the caselaw. 3- In view of these circumstances, the balance of convenience favours the Minister of Citizenship and Immigration who, under subsection 48(2) of the Immigration and Refugee Protection Act, has the obligation to remove quickly persons who are not authorized to remain in Canada. [2] Consequently, the motion for a stay is dismissed. "Yvon Pinard" Judge Montréal, Quebec November 12, 2003 Certified true translation Kelley A. Harvey, BA, BCL, LLB FEDERAL COURT SOLICITORS OF RECORD DOCKET: IMM-8530-03 STYLE OF CAUSE: FOROMO ÉMILE LAMAH Applicant and THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent PLACE OF HEARING: Montréal, Quebec DATE OF HEARING: November 10, 2003 REASONS FOR ORDER: THE HONOURABLE MR. JUSTICE PINARD DATE OF REASONS: November 12, 2003 APPEARANCES: Foromo Émile Lamah FOR THE APPLICANT Steve Bell FOR THE RESPONDENT SOLICITORS OF RECORD: Morris Rosenberg FOR THE RESPONDENT Deputy Attorney General of Canada Montréal, Quebec
Source: decisions.fct-cf.gc.ca