Boubacar v. Canada (Minister of Citizenship and Immigration)
Court headnote
Boubacar v. Canada (Minister of Citizenship and Immigration) Court (s) Database Federal Court Decisions Date 2005-07-08 Neutral citation 2005 FC 957 File numbers IMM-2706-05, IMM-3770-05 Decision Content Date: 20050708 Dockets: IMM-2706-05 IMM-3770-05 Citation: 2005 FC 957 BETWEEN: ALMOCTAR AMADOU BOUBACAR Applicant -and- MINISTER OF CITIZENSHIP AND IMMIGRATION AND MINISTER OF PUBLIC SAFETY AND EMERGENCY PREPAREDNESS Respondents UPON the motion to stay the removal order; IN VIEW OF the documents before the Court; IN VIEW OF the arguments before the Court by teleconference on this date; REASONS FOR ORDER AND ORDER PINARD J. [1] For the purposes of this motion, considering the apparently incomplete evidence filed by the respondents, I am satisfied that there is a serious question relating to the applicant's right to make a refugee claim, given the Official Languages Act and the failure to grant an interview, in the circumstances, by the pre-removal risk assessment officer. [2] I am also satisfied, at this stage, that there is a risk to the safety and the life of the applicant, clearly irreparable harm, if he were to return to Niger. [3] In the circumstances, the balance of convenience is definitely in favour of the applicant. ORDER Accordingly, the motion is granted and the removal order is stayed pending the decisions on the applications for leave and, if applicable, the applications for judicial review in these two dockets. "Yvon Pinard" JUDGE OTTAWA, ONTARIO July 8, 2005 Cer…
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Boubacar v. Canada (Minister of Citizenship and Immigration) Court (s) Database Federal Court Decisions Date 2005-07-08 Neutral citation 2005 FC 957 File numbers IMM-2706-05, IMM-3770-05 Decision Content Date: 20050708 Dockets: IMM-2706-05 IMM-3770-05 Citation: 2005 FC 957 BETWEEN: ALMOCTAR AMADOU BOUBACAR Applicant -and- MINISTER OF CITIZENSHIP AND IMMIGRATION AND MINISTER OF PUBLIC SAFETY AND EMERGENCY PREPAREDNESS Respondents UPON the motion to stay the removal order; IN VIEW OF the documents before the Court; IN VIEW OF the arguments before the Court by teleconference on this date; REASONS FOR ORDER AND ORDER PINARD J. [1] For the purposes of this motion, considering the apparently incomplete evidence filed by the respondents, I am satisfied that there is a serious question relating to the applicant's right to make a refugee claim, given the Official Languages Act and the failure to grant an interview, in the circumstances, by the pre-removal risk assessment officer. [2] I am also satisfied, at this stage, that there is a risk to the safety and the life of the applicant, clearly irreparable harm, if he were to return to Niger. [3] In the circumstances, the balance of convenience is definitely in favour of the applicant. ORDER Accordingly, the motion is granted and the removal order is stayed pending the decisions on the applications for leave and, if applicable, the applications for judicial review in these two dockets. "Yvon Pinard" JUDGE OTTAWA, ONTARIO July 8, 2005 Certified true translation Kelley A. Harvey, BCL, LLB FEDERAL COURT SOLICITORS OF RECORD DOCKETS : IMM-2706-05 IMM-3770-05 STYLE OF CAUSE: ALMOCTAR AMADOU BOUBACAR v. MINISTER OF CITIZENSHIP AND IMMIGRATION AND MINISTER OF PUBLIC SAFETY AND EMERGENCY PREPAREDNESS HEARING BY TELECONFERENCE : July 8, 2005 REASONS FOR ORDER: Pinard J. DATE OF REASONS: July 8, 2005 APPEARANCES: Jacques Roy FOR THE APPLICANT David Tyndale FOR THE RESPONDENTS SOLICITORS OF RECORD: Services d'aide juridique du Centre francophone de Toronto FOR THE APPLICANT Toronto, Ontario John H. Sims, Q.C. FOR THE RESPONDENTS Deputy Attorney General of Canada
Source: decisions.fct-cf.gc.ca