Imran v. Canada (Citizenship and Immigration)
Court headnote
Imran v. Canada (Citizenship and Immigration) Court (s) Database Federal Court Decisions Date 2005-09-12 Neutral citation 2005 FC 1238 File numbers IMM-4374-05 Decision Content Date: 20050912 Docket: IMM-4374-05 Citation: 2005 FC 1238 Montréal, Quebec, September 12, 2005 PRESENT: THE HONOURABLE MR. JUSTICE LEMIEUX BETWEEN: HUSSAIN IMRAN Applicant and MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent Application by the applicant to stay a removal order against the applicant scheduled for September 16, 2005. REASONS FOR ORDER AND ORDER [1] For the reasons delivered from the bench this morning, I find that this application to stay the enforcement of a removal order must be dismissed. [2] The applicant did not persuade me on any of the three conjunctive elements for obtaining a stay. [3] The applicant’s counsel did not establish any irreparable harm. The applicant did not file an application for leave and for judicial review of the negative decision on the pre-removal risk assessment. His application for a stay is attached to an application for leave and for judicial review of a negative decision on an application for permanent residence on humanitarian and compassionate grounds, which normally must be made from outside Canada. He would be entitled to file such an application in Pakistan and to be sponsored if that should be the case. [4] The balance of convenience favours the Minister. Section 48 of the Immigration and Refugee Protection Act provides that a removal order must b…
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Imran v. Canada (Citizenship and Immigration) Court (s) Database Federal Court Decisions Date 2005-09-12 Neutral citation 2005 FC 1238 File numbers IMM-4374-05 Decision Content Date: 20050912 Docket: IMM-4374-05 Citation: 2005 FC 1238 Montréal, Quebec, September 12, 2005 PRESENT: THE HONOURABLE MR. JUSTICE LEMIEUX BETWEEN: HUSSAIN IMRAN Applicant and MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent Application by the applicant to stay a removal order against the applicant scheduled for September 16, 2005. REASONS FOR ORDER AND ORDER [1] For the reasons delivered from the bench this morning, I find that this application to stay the enforcement of a removal order must be dismissed. [2] The applicant did not persuade me on any of the three conjunctive elements for obtaining a stay. [3] The applicant’s counsel did not establish any irreparable harm. The applicant did not file an application for leave and for judicial review of the negative decision on the pre-removal risk assessment. His application for a stay is attached to an application for leave and for judicial review of a negative decision on an application for permanent residence on humanitarian and compassionate grounds, which normally must be made from outside Canada. He would be entitled to file such an application in Pakistan and to be sponsored if that should be the case. [4] The balance of convenience favours the Minister. Section 48 of the Immigration and Refugee Protection Act provides that a removal order must be enforced as soon as is reasonably practicable. [5] The record does not disclose any serious question to be debated. The applicant had submitted updated documentation at the end of December 2004, beginning of January 2005. If there were a breach of procedural fairness, a question that I will leave aside, that breach would be purely academic. ORDER THE COURT ORDERS that this application for stay be dismissed. “François Lemieux” JUDGE Certified true translation Kelley A. Harvey, BCL, LLB FEDERAL COURT SOLICITORS OF RECORD DOCKET: IMM-4374-05 STYLE OF CAUSE: HUSSAIN IMRAN Applicant and MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent PLACE OF HEARING: Montréal, Quebec DATE OF HEARING: September 12, 2005 REASONS FOR ORDER AND ORDER: LEMIEUX J. DATE OF REASONS: September 12, 2005 APPEARANCES: Sophie Marchildon FOR THE APPLICANT Marie-Claude Paquette FOR THE RESPONDENT SOLICITORS OF RECORD: Sophie Marchildon FOR THE APPLICANT Montréal, Quebec John H. Sims, Q.C. FOR THE RESPONDENT Deputy Attorney General of Canada Montréal, Quebec
Source: decisions.fct-cf.gc.ca