Sheesu v. Canada (Minister of Citizenship and Immigration)
Court headnote
Sheesu v. Canada (Minister of Citizenship and Immigration) Court (s) Database Federal Court Decisions Date 2001-02-08 Neutral citation 2001 FCT 42 File numbers IMM-6444-00 Decision Content Date: 20010208 Docket: IMM-6444-00 Neutral citation: 2001 FCT 42 BETWEEN: ABDUL WAHAB SHEESU Applicant AND: THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent Upon motion on behalf of the Applicant for leave to proceed on short notice and for a stay of execution of a removal order made against payment. REASONS FOR ORDER PINARD J. [1] Leave to proceed on short notice is granted. The objection by the respondent to the admissibility, at this stage, of the psychological evaluation of the applicant is upheld on the ground that this evidence could and should have been placed before the Post-claim and humanitarian grounds officer who denied the applicant's application under subsection 114(2) of the Immigration Act. [2] Assuming without deciding that there is a serious issue, the requested stay of the removal of the applicant from Canada to Liberia is denied on the ground that no irreparable harm has been established. In my view, it was reasonable for the Post-claim and humanitarian grounds officer to consider that the applicant had been found not to be credible by the Refugee Board and that this Court refused leave to judicially review this decision. In that context, considering the documentary evidence, which establishes the improvement of the situation in Liberia, coupled with the absence of…
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Sheesu v. Canada (Minister of Citizenship and Immigration) Court (s) Database Federal Court Decisions Date 2001-02-08 Neutral citation 2001 FCT 42 File numbers IMM-6444-00 Decision Content Date: 20010208 Docket: IMM-6444-00 Neutral citation: 2001 FCT 42 BETWEEN: ABDUL WAHAB SHEESU Applicant AND: THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent Upon motion on behalf of the Applicant for leave to proceed on short notice and for a stay of execution of a removal order made against payment. REASONS FOR ORDER PINARD J. [1] Leave to proceed on short notice is granted. The objection by the respondent to the admissibility, at this stage, of the psychological evaluation of the applicant is upheld on the ground that this evidence could and should have been placed before the Post-claim and humanitarian grounds officer who denied the applicant's application under subsection 114(2) of the Immigration Act. [2] Assuming without deciding that there is a serious issue, the requested stay of the removal of the applicant from Canada to Liberia is denied on the ground that no irreparable harm has been established. In my view, it was reasonable for the Post-claim and humanitarian grounds officer to consider that the applicant had been found not to be credible by the Refugee Board and that this Court refused leave to judicially review this decision. In that context, considering the documentary evidence, which establishes the improvement of the situation in Liberia, coupled with the absence of serious evidence establishing a personal fear of severe sanctions to the applicant himself, I fully agree with the respondent that the applicant has not shown that any irreparable harm would befall him should he return to Liberia. [3] Under such circumstances, considering the statutory obligation upon the Minister of Citizenship and Immigration to execute a removal order as soon as reasonably practicable (section 48 of the Immigration Act), I find that public interest tips the balance of convenience in favour of the respondent. [4] Consequently, the motion is dismissed. "Yvon Pinard" Judge Montreal, Quebec February 8, 2001 FEDERAL COURT OF CANADA TRIAL DIVISION Date: 20010208 Docket: IMM-6444-00 BETWEEN: ABDUL WAHAB SHEESU 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: IMM-6444-00 STYLE OF CAUSE: ABDUL WAHAB SHEESU Applicant AND: THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent PLACE OF HEARING: Montreal, Quebec DATE OF HEARING: February 5, 2001 REASONS FOR ORDER OF THE HONOURABLE MR. JUSTICE PINARD DATED: February 8, 2001 APPEARANCES: Stewart Istvanffy FOR THE APPLICANT Pascale-Catherine Guay FOR THE RESPONDENT SOLICITORS OF RECORD: Stewart Istvanffy FOR THE APPLICANT Montreal, Quebec Morris Rosenberg FOR THE RESPONDENT Deputy Attorney General of Canada Montreal, Quebec
Source: decisions.fct-cf.gc.ca