Kim v. Canada (Minister of Citizenship and Immigration)

Kim v. Canada (Minister of Citizenship and Immigration)
Court (s) Database
Federal Court Decisions
Date
2003-03-17
Neutral citation
2003 FCT 314
File numbers
IMM-1335-03
Decision Content
Date: 20030317
Docket: IMM-1335-03
Neutral citation: 2003 FCT 314
Toronto, Ontario, Monday, the 17th day of March, 2003
Present: The Honourable Mr. Justice O'Reilly
BETWEEN:
JAE HAN KIM
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER AND ORDER
[1] Mr. Kim seeks to stay an order requiring his removal from Canada to South Korea, scheduled to take place on March 19, 2003. He argues that he has been denied a proper Pre-Removal Risk Assessment ("PRRA") as he was not advised of the opportunity to make submissions to supplement his pre-existing Post-Determination Refugee Claimants in Canada application ("PDRCC"). While his affidavit does not mention it, through his counsel, he claims that he never received notice that he was entitled to make those additional submissions.
[2] In essence, Mr. Kim argues that his entitlement to be treated fairly has been denied. He has sought leave to have the negative PRRA decision quashed and, in the interim, seeks a stay of the removal order dated February 26, 2003.
[3] The Respondent has filed an affidavit from Mr. Yashmin Damji, an employee of the Respondent, who states that on October 16, 2002 she personally served Mr. Kim with his PRRA application and a notice informing him of the opportunity to make additional submissions within 30 days. Computer records maintained by the Respondent confirm this. Accordingly, the uncontradicted evidence before me suggests that Mr. Kim did have an opportunity to make submissions to supplement his application and failed to do so.
[4] Therefore, I see no serious issue to be tried in this case. It is unnecessary for me to consider the other branches of the test for a stay.
ORDER
The motion is dismissed.
"James W. O'Reilly"
J.F.C.C.
FEDERAL COURT OF CANADA
TRIAL DIVISION
Names of Counsel and Solicitors of Record
DOCKET: IMM-1335-03
STYLE OF CAUSE: JAE HAN KIM
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND
IMMIGRATION
Respondent
PLACE OF HEARING: TORONTO, ONTARIO
DATE OF HEARING: MONDAY, MARCH 17, 2003
REASONS FOR ORDER
AND ORDER BY: O'Reilly J.
DATED: MONDAY, MARCH 17, 2003
APPEARANCES BY: Mr. Joseph S. Farkas
For the Applicant
Ms. Alexis Singer
For the Respondent
SOLICITORS OF RECORD: Mr. Harvey Savage
Barrister & Solicitor
3089 Bathurst Street
Suite 309
Toronto, Ontario
M6A 2A4
For the Applicant
Morris Rosenberg
Deputy Attorney General of Canada
For the Respondent
FEDERAL COURT OF CANADA
Date: 20030317
Docket: IMM-1335-03
BETWEEN:
JAE HAN KIM
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER
AND ORDER