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                                                                                                                                   Date: 20050707

                                                                                                                        Docket: IMM-3959-05

                                                                                                                          Citation: 2005 FC 952

BETWEEN:

                                                           JAIL SINGH MOHAR

                                                                                                                                            Applicant

                                                                         - and -

                                               THE MINISTER OF CITIZENSHIP

                                                          AND IMMIGRATION

                                                                                                                                        Respondent

UPON motion on behalf of the applicant for a stay of execution of the Removal Order made in respect of the applicant;

UPON reading the material before the Court;

AND UPON hearing counsel for the parties by telephone conference;

                                             REASONS FOR ORDER and ORDER

PINARD J.


[1]         In Atwal v. Canada (M.C.I.), 2004 FC 76, [2004] F.C.J. No. 90 (QL), Mr. Justice Shore refused to recognize a serious issue on the grounds that the applicant had not filed the actual Pre-removal Risk Assessment ("PRRA"). In the case at bar, the applicant also failed to file, in support of his stay motion, the impugned PRRA decision. Furthermore, I agree with the respondent that the applicant, in bringing this stay motion and his application for leave and for judicial review of the latter decision, is ultimately attempting to have the evidence concerning the current conditions in India and his personal circumstances reweighed. However, I find there are very serious elements of proof which support the PRRA officer's decision. In the context of an applicant who has previously been found by the Immigration and Refugee Board to have "knowingly concealed, misrepresented and suppressed the information concerning his political affiliations and difficulties with the Indian authorities", I conclude that the former has failed to show there is a serious issue in this matter and that he will suffer irreparable harm if he is returned to India.

[2]         In the circumstances, the balance of convenience is in favour of the respondent. Here, as stated above, the refugee status first granted to the applicant was vacated on the ground that the determination was obtained by fraudulent means or misrepresentation of material facts. Moreover, as the applicant failed to present himself to an interview with Citizenship and Immigration Canada officials, a warrant for arrest was issued against him on July 17, 2002 and executed almost six months later on January 14, 2003. Clearly, the applicant is not presenting himself with clean hands before the Court. Furthermore, it is in the public interest that the respondent execute the removal as soon as reasonably practicable (subsection 48(2) of the Immigration and Refugee Protection Act, S.C. 2001, c. 27).

                                                                       ORDER

Consequently, the motion is dismissed.

                                                                    

       JUDGE

OTTAWA, ONTARIO

July 7, 2005


                                                               FEDERAL COURT

                                                       SOLICITORS OF RECORD

DOCKET:                                                        IMM-3959-05

STYLE OF CAUSE:                                         JAIL SINGH MOHAR v. THE MINISTER OF CITIZENSHIP AND IMMIGRATION

HEARING BY TELECONFERENCE:             July 6, 2005

REASONS FOR ORDER BY:                         PINARD J.

DATED:                                                            July 7, 2005

APPEARANCES:

Mr. Stewart Istvanffy                                         FOR THE APPLICANT

Ms. Lynne Lazaroff                                           FOR THE RESPONDENT

SOLICITORS OF RECORD:

Stewart Istvanffy                                                FOR THE APPLICANT

Montréal, Quebec

John H. Sims, Q.C.                                           FOR THE RESPONDENT

Deputy Attorney General of Canada

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