Bhatia v. Canada (Minister of Public Safety and Emergency Preparedness)
Source text
Bhatia v. Canada (Minister of Public Safety and Emergency Preparedness) Court (s) Database Federal Court Decisions Date 2006-12-22 Neutral citation 2006 FC 1551 File numbers IMM-6578-06 Decision Content Date: 20061222 Docket: IMM-6578-06 Citation: 2006 FC 1551 Ottawa, Ontario, this 22nd day of December 2006 PRESENT: The Honourable Mr. Justice Pinard BETWEEN: YASH PAL BHATIA Applicant and THE MINISTER OF PUBLIC SAFETY AND EMERGENCY PREPAREDNESS Respondent UPON MOTION on behalf of the applicant for an Order to stay the execution of his Removal Order scheduled to occur on December 28, 2006; UPON hearing this motion together with a similar motion in Court File IMM-6577-06; UPON reading the material before the Court; AND UPON hearing counsel for the parties by telephone conference; REASONS FOR ORDER and ORDER The requested stay is denied on the basis of lack of a serious issue. Indeed, the applicant is essentially challenging the removal officer’s findings of fact and weighing of the evidence. In that regard, the underlying application is unlikely to succeed on its merits as it appears that the removal officer was alive to the applicant’s submission that he would suffer financial losses if his removal was not deferred and as it further appears that it was not patently unreasonable for the removal officer, who must be presumed to have considered all of the evidence before her, to assess the applicant’s situation as she did. ORDER Consequently, the motion is dismissed. “Yvon Pinard”…
Full judgment (source text)
Mirrored from decisions.fct-cf.gc.ca — the linked original is authoritative.
Bhatia v. Canada (Minister of Public Safety and Emergency Preparedness) Court (s) Database Federal Court Decisions Date 2006-12-22 Neutral citation 2006 FC 1551 File numbers IMM-6578-06 Decision Content Date: 20061222 Docket: IMM-6578-06 Citation: 2006 FC 1551 Ottawa, Ontario, this 22nd day of December 2006 PRESENT: The Honourable Mr. Justice Pinard BETWEEN: YASH PAL BHATIA Applicant and THE MINISTER OF PUBLIC SAFETY AND EMERGENCY PREPAREDNESS Respondent UPON MOTION on behalf of the applicant for an Order to stay the execution of his Removal Order scheduled to occur on December 28, 2006; UPON hearing this motion together with a similar motion in Court File IMM-6577-06; UPON reading the material before the Court; AND UPON hearing counsel for the parties by telephone conference; REASONS FOR ORDER and ORDER The requested stay is denied on the basis of lack of a serious issue. Indeed, the applicant is essentially challenging the removal officer’s findings of fact and weighing of the evidence. In that regard, the underlying application is unlikely to succeed on its merits as it appears that the removal officer was alive to the applicant’s submission that he would suffer financial losses if his removal was not deferred and as it further appears that it was not patently unreasonable for the removal officer, who must be presumed to have considered all of the evidence before her, to assess the applicant’s situation as she did. ORDER Consequently, the motion is dismissed. “Yvon Pinard” Judge FEDERAL COURT NAME OF COUNSEL AND SOLICITORS OF RECORD DOCKET: IMM-6578-06 STYLE OF CAUSE: YASH PAL BHATIA v. THE MINISTER OF PUBLIC SAFETY AND EMERGENCY PREPAREDNESS HEARING HELD BY TELEPHONE CONFERENCE DATE OF HEARING: December 21, 2006 REASONS FOR ORDER and ORDER: Pinard J. DATED: December 22, 2006 APPEARANCES: Mr. Boniface Ahunwan FOR THE APPLICANT Mr. John Provart FOR THE RESPONDENT SOLICITORS OF RECORD: Boniface Ahunwan FOR THE APPLICANT North York, Ontario John H. Sims, Q.C. FOR THE RESPONDENT Deputy Attorney General of Canada
Source: decisions.fct-cf.gc.ca
Démocratie en surveillance c. Canada (Procureur général)
2024 CAF 75