Charfli v. Canada (Minister of Citizenship and Immigration)
Court headnote
Charfli v. Canada (Minister of Citizenship and Immigration) Court (s) Database Federal Court Decisions Date 2006-08-29 Neutral citation 2006 FC 1026 File numbers IMM-4649-06 Decision Content Date: 20060829 Docket: IMM-4649-06 Citation: 2006 FC 1026 Toronto, Ontario, August 29, 2006 PRESENT: The Honourable Mr. Justice Shore BETWEEN: MOHAMAD MUZTAZ CHARFLI Applicant and THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent REASONS FOR ORDER AND ORDER INTRODUCTION [1] The Court heard the application for a stay on an urgent basis. [2] The Court dismisses the application for a stay. Even if the Court were to assume that the applicant has a serious issue to be tried, the applicant has not established the existence of irreparable harm as is recognized for the Pre-Removal Risk Assessment which is based substantially on his refugee claim which failed on the basis of a lack of credibility in respect of both the (personal) subjective and (country condition) objective evidence. [3] The applicant made a claim to Convention refugee status in Canada. A notice of decision was sent to the applicant on 11 March 2004 stating the finding of the Immigration and Refugee Board that he was not a Convention refugee or a person in need of protection. The panel found the alleged series of events, described by the applicant, to be not credible, noting that there was no proof of the existence of Sami Alloush or of his political activities or why the Syrian authorities would engage in dramatic efforts to…
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Charfli v. Canada (Minister of Citizenship and Immigration) Court (s) Database Federal Court Decisions Date 2006-08-29 Neutral citation 2006 FC 1026 File numbers IMM-4649-06 Decision Content Date: 20060829 Docket: IMM-4649-06 Citation: 2006 FC 1026 Toronto, Ontario, August 29, 2006 PRESENT: The Honourable Mr. Justice Shore BETWEEN: MOHAMAD MUZTAZ CHARFLI Applicant and THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent REASONS FOR ORDER AND ORDER INTRODUCTION [1] The Court heard the application for a stay on an urgent basis. [2] The Court dismisses the application for a stay. Even if the Court were to assume that the applicant has a serious issue to be tried, the applicant has not established the existence of irreparable harm as is recognized for the Pre-Removal Risk Assessment which is based substantially on his refugee claim which failed on the basis of a lack of credibility in respect of both the (personal) subjective and (country condition) objective evidence. [3] The applicant made a claim to Convention refugee status in Canada. A notice of decision was sent to the applicant on 11 March 2004 stating the finding of the Immigration and Refugee Board that he was not a Convention refugee or a person in need of protection. The panel found the alleged series of events, described by the applicant, to be not credible, noting that there was no proof of the existence of Sami Alloush or of his political activities or why the Syrian authorities would engage in dramatic efforts to find him. The panel found that the allegations were fabricated for the purpose of the refugee claim. [4] The Court finds no irreparable harm to the applicant and the balance of convenience lies in favour of executing the removal order against the applicant. [5] The application for a stay of removal is denied. ORDER THIS COURT ORDERS that the application for a stay of removal be denied. “Michel M. J. Shore” Judge FEDERAL COURT NAME OF COUNSEL AND SOLICITORS OF RECORD DOCKET: IMM-4649-06 STYLE OF CAUSE: MOHAMAD MUZTAZ WARA v. THE MINISTER OF CITIZENSHIP AND IMMIGRATION CANADA. PLACE OF HEARING: Toronto, Ontario DATE OF HEARING: August 28, 2006 REASONS FOR ORDER: SHORE J. DATED: August 29, 2006 APPEARANCES: Ms. Geraldine MacDonald FOR THE APPLICANT Ms. Judy Michaely FOR THE RESPONDENT SOLICITORS OF RECORD: GERALDINE MacDONALD Toronto, Ontario FOR THE APPLICANT JOHN H. SIMS, Q.C. Deputy Attorney General of Canada FOR THE RESPONDENT
Source: decisions.fct-cf.gc.ca