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                                                                                                                                  Date: 20050119

                                                                                                                    Docket: IMM-10158-04

                                                                                                                          Citation: 2005 FC 83

Toronto, Ontario, January 19th, 2005

Present:           The Honourable Madam Justice Simpson

BETWEEN:

HUSSAIN ISMAIL

                                                                                                                                            Applicant

                                                                           and

                                MINISTER OF CITIZENSHIP AND IMMIGRATION

                                                                                                                                        Respondent

                                                        REASONS AND ORDER

[1]                The Applicant moves for a stay of deportation. He is to be removed to the United States tomorrow. The removal originally scheduled for January 6, 2005 was deferred to enable the Applicant to participate in a mediation of a dispute arising from a car accident. That mediation is being held today.

[2]                The Respondent has conceded that the Applicant's case raises a serious issue. It is the jurisdictional question concerning Pre-Removal Risk Assessment ("PRRA") applications decided in the period from December 12, 2003 to October 8, 2004. It is before the Court in Nalliah v. The Solicitor General for Canada and (M.C.I.), IMM-9071-04.

[3]                The outstanding question, therefore, concerns irreparable harm. The following facts are relevant to my conclusion that irreparable harm has not been shown:

·            The Applicant's risk was assessed by the Refugee Protection Division in its decision dated June 26, 2003, and the risk alleged today has not changed.

·            The Applicant has not lived in Lebanon since 1986.

·            There is no evidence that US authorities have reason to have any interest in the Applicant and no evidence that they intend to deport him to Lebanon.

·            The "new evidence", which was before the PRRA Officer and is relied on today, consists of four undated letters describing Syrian threats against the Applicant and death certificates showing that Hydar Ismail and Youssif Ismail died of gunshot wounds. None of this material provides clear and convincing evidence that the Applicant would be at risk if he were returned to Lebanon.

·            There is no fresh evidence before me about any increase in a risk.


                                                                       ORDER

NOW THEREFORE THIS COURT ORDERS that, for the above reasons, the application is hereby dismissed.

                                                                                                                             "Sandra J. Simpson"             

                                                                                                                                                   J.F.C.                             


                                                             FEDERAL COURT

                                                                             

                            NAMES OF COUNSEL AND SOLICITORS OF RECORD

DOCKET:                                           IMM-10158-04

STYLE OF CAUSE:               HUSSAIN ISMAIL

                                                                                                                                              Applicant

and

MINISTER OF CITIZENSHIP AND IMMIGRATION

                                                                                                                                          Respondent

PLACE OF HEARING:                     TORONTO, ONTARIO

DATE OF HEARING:                       JANUARY 17, 2005

REASONS AND ORDER BY:         SIMPSON J.

DATED:                                              JANUARY 19, 2005

APPEARANCES BY:

Mr. R. Feldstein

FOR THE APPLICANT

Ms. M. Braccio

FOR THE RESPONDENT

SOLICITORS OF RECORD:

Laurence Cohen

Barrister & Solicitor

Toronto, Ontario

FOR THE APPLICANT

John H. Sims, Q.C.

Deputy Attorney General of Canada

Toronto, Ontario

FOR THE RESPONDENT


                                         

                         FEDERAL COURT

                                         

Date: 20050119

Docket: IMM-10158-04

BETWEEN:

HUSSAIN ISMAIL

                                                                    Applicant

and

MINISTER OF CITIZENSHIP AND IMMIGRATION

                                                                Respondent

                                                                                                                

                    REASONS AND ORDER

                                                                                                                


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