Bagdassarov v. Canada (Minister of Citizenship and Immigration)

Bagdassarov v. Canada (Minister of Citizenship and Immigration)
Court (s) Database
Federal Court Decisions
Date
2006-07-18
Neutral citation
2006 FC 897
File numbers
IMM-3835-06
Decision Content
Date: 20060718
Docket: IMM-3835-06
Citation: 2006 FC 897
Montréal, Quebec, July 18th, 2006
PRESENT: The Honourable Mr. Justice Lemieux
BETWEEN:
VLADIMIR BAGDASSAROV
Applicant
and
THE MINISTER OF CITIZENSHIP
AND IMIGRATION
and
THE MINISTER OF PUBLIC SAFETY
AND EMERGENCY PREPAREDNESS
Respondents
Motion on behalf of the applicant to obtain a stay of a Removal Order.
REASONS FOR ORDER AND ORDER
[1] This stay application must be dismissed. I do not see any serious issue.
[2] The applicant is of Russian origin and a citizen of Kazakhstan. He is twenty five years old. He came to Canada, as a minor, in 1999 with his parents who are now 64 and 67 years of age;
[3] The family made a refugee claim which was denied in 2000;
[4] The family made a PRAA application on December 15th 2005 but the PRAA officer severed the applicant's PRAA from that of his parents, although common submissions were made for all of the three by an immigration consultant.
[5] The PRAA officer rendered two decisions on April 6th, 2006. She found the parents required Canada's protection because they were elderly, lacking family support, retired and from a village in Kazakhstan and because of these factors they would be at risk.
[6] The PRAA officer came to a different conclusion in respect of the applicant again because of his age and the availability of state protection.
[7] I should add the applicant's sister was recognized as a convention refugee in Canada in 1997;
[8] I do not find any merit to the points raised by counsel for the applicant. The PRAA officer's reasons were clear, her analysis of state protection based on recent country reports from reliable sources which were not contested by the applicant.
[9] Moreover, carefully reading both PRAA decisions as well as their negative refugee decision, the PRAA officer's finding the applicant's future risk was not similar to his parents' was reasonable based on the evidence.
[10] In the circumstances, I need not address irreparable harm and balance of convenience.
ORDER
THIS COURT ORDERS THAT this stay application is dismissed.
"François Lemieux"
Judge
FEDERAL COURT
NAME OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: IMM-3835-06
STYLE OF CAUSE: VLADIMIR BAGDASSAROV
Applicant
and
THE MINISTER OF CITIZENSHIP AND IMMIGRATION ET AL
Respondents
PLACE OF HEARING: Montréal, Quebec
DATE OF HEARING: July 18, 2006
REASONS FOR ORDER: LEMIEUX J.
DATED: July 18, 2006
APPEARANCES:
Ms. Andrea C. Snizynsky
FOR THE APPLICANT
Mr. Mario Blanchard
FOR THE RESPONDENTS
SOLICITORS OF RECORD:
Andrea C. Snizynsky
Montréal, Quebec
FOR THE APPLICANT
John H. Sims, Q.C.
Deputy Attorney General of Canada
Montréal, Quebec
FOR THE RESPONDENTS