Federal Court Decisions

Date: 20060717

Docket: IMM-3870-06

Citation: 2006 FC 885

Toronto, Ontario, July 17, 2006

PRESENT:      The Honourable Mr. Justice Shore

BETWEEN:

JAMILA HASSAN MOHAMED JIWA

Applicant

and

THE MINISTER OF PUBLIC SAFETY

AND EMERGENCY PREPAREDNESS

Respondent

REASONS FOR ORDER AND ORDER

[1]                The Court heard the applicant's motion for a stay on an urgent basis.

[2]                Despite the able arguments advanced by counsel for the applicant, the Court dismisses the application for a stay. Even if the Court were to assume that the applicant had raised a serious issue to be tried, the applicant has not established the existence of any irreparable harm as is recognized from the Pre-Removal Risk Assessment which is based substantially on her refugee claim which failed on the basis of a lack of credibility in respect of both the (personal) subjective and (country condition) objective evidence.

[3]                The Court finds no irreparable harm to the applicant and the balance of convenience lies in favour of executing the removal order against the Applicant.

[4]                The application for a stay of removal is denied.

ORDER

THIS COURT ORDERS that the application for a stay of removal be denied.

"Michel M.J. Shore"

FEDERAL COURT

NAMES OF COUNSEL AND SOLICITORS OF RECORD

DOCKET:                                           IMM-3870-06

STYLE OF CAUSE:                           JAMILA HASSAN MOHAMED JIWA

v. THE MINISTER OF PUBLIC SAFETY

AND EMERGENCY PREPAREDNESS

PLACE OF HEARING:                     Toronto, Ontario

DATE OF HEARING:                       July 17, 2006

REASONS FOR ORDER

AND ORDER:                                    SHORE J.

DATED:                                              July 17, 2006

APPEARANCES:

Ms. Wennie Lee	FOR THE APPLICANT
Mr. Greg G. George	FOR THE RESPONDENT

SOLICITORS OF RECORD:

LEE & COMPANY Barrister & Solicitor Toronto, Ontario	FOR THE APPLICANT
JOHN H. SIMS, Q.C. Deputy Attorney General of Canada	FOR THE RESPONDENT