Constantini v. Canada (Minister of Citizenship and Immigration)
Court headnote
Constantini v. Canada (Minister of Citizenship and Immigration) Court (s) Database Federal Court Decisions Date 2003-04-25 Neutral citation 2003 FCT 519 File numbers IMM-2876-03 Decision Content Date: 20030425 Docket: IMM-2876-03 Citation: 2003 FCT 519 Ottawa, Ontario, this 25th day of April 2003 Present: THE HONOURABLE MR. JUSTICE O'REILLY BETWEEN: RENE PERALTA CONSTANTINI Applicant - and - THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent REASONS FOR ORDER AND ORDER [1] Mr. Constantini seeks a stay of execution of an order requiring his removal from Canada on April 26, 2003. He argues that a Pre-Removal Risk Assessment Officer made a serious error in finding that he was not likely to be subjected to mistreatment if he returned to Mexico. He also argued that he suffered prejudice by virtue of the fact that there was a four-month delay between the officer's decision and its delivery to him. [2] Having reviewed the evidence before the officer, I find that the officer considered the evidence thoroughly. In fact, there was very little evidence of any risk to Mr. Constantini before him. Mr. Constantini had made a vague reference to political harassment of his father, but no details were provided. I see no error in the officer's analysis or conclusions. Nor do I find that Mr. Constantini was prejudiced by the delay in communicating the officer's decision to him. [3] Accordingly, finding no serious issue to be tried in this case, I must dismiss this motion to stay the removal …
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Constantini v. Canada (Minister of Citizenship and Immigration) Court (s) Database Federal Court Decisions Date 2003-04-25 Neutral citation 2003 FCT 519 File numbers IMM-2876-03 Decision Content Date: 20030425 Docket: IMM-2876-03 Citation: 2003 FCT 519 Ottawa, Ontario, this 25th day of April 2003 Present: THE HONOURABLE MR. JUSTICE O'REILLY BETWEEN: RENE PERALTA CONSTANTINI Applicant - and - THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent REASONS FOR ORDER AND ORDER [1] Mr. Constantini seeks a stay of execution of an order requiring his removal from Canada on April 26, 2003. He argues that a Pre-Removal Risk Assessment Officer made a serious error in finding that he was not likely to be subjected to mistreatment if he returned to Mexico. He also argued that he suffered prejudice by virtue of the fact that there was a four-month delay between the officer's decision and its delivery to him. [2] Having reviewed the evidence before the officer, I find that the officer considered the evidence thoroughly. In fact, there was very little evidence of any risk to Mr. Constantini before him. Mr. Constantini had made a vague reference to political harassment of his father, but no details were provided. I see no error in the officer's analysis or conclusions. Nor do I find that Mr. Constantini was prejudiced by the delay in communicating the officer's decision to him. [3] Accordingly, finding no serious issue to be tried in this case, I must dismiss this motion to stay the removal order. ORDER THIS COURT ORDERS that 1. The motion for a stay is dismissed. "James W. O'Reilly" J.F.C.C. FEDERAL COURT OF CANADA NAMES OF SOLICITORS AND SOLICITORS OF RECORD DOCKET: IMM-2876-03 STYLE OF CAUSE: RENE PERALTA CONSTANTINI Applicant - and - THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent MOTION DEALT VIA TELECONFERENCE IN : OTTAWA, Ontario DATE OF HEARING: FRIDAY, APRIL 25, 2003 REASONS FOR ORDER AND ORDER: THE HONOURABLE MR. JUSTICE O'REILLY DATED: FRIDAY, APRIL 25, 2003 APPEARANCES BY TELECONFERENCE: Joël Etienne For the Applicant Greg George For the Respondent SOLICITORS OF RECORD: Joël Etienne Barrister & Solicitor 1280 Finch Avenue West, Unit 601-B Toronto, Ontario For the Applicant Morris Rosenberg Deputy Attorney General of Canada Department of Justice Exchange Tower 2 First Canadian Place, Suite 3400 Toronto, Ontario M5X 1K6 For the Respondent
Source: decisions.fct-cf.gc.ca