Date: 20000626
Docket: IMM-2678-00
Winnipeg, Manitoba, June 26, 2000
Present: The Honourable Mr. Justice Muldoon
Between:
JUAN RAMON VARGAS MORA,
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION,
Respondent
REASONS FOR ORDER and ORDER
[1] The applicant is a citizen of Costa Rica who claimed refugee status before the CRDD (Convention Refugee Determination Division, of the IRB) in the summer of 1999 receiving written reasons on September 20, 1999. His claim was rejected by the CRDD. It wrote:
| Based on all of the above information, each member of the Refugee Division who heard your claim is of the opinion that you are not a Convention refugee and that there is no credible or trustworthy evidence on which we could have determined that you are a Convention Refugee. |
| Accordingly, the Refugee Division determines that Juan Ramon Vargas Mora is not a Convention Refugee and pursuant to section 69.1(9.1) of the Immigration Act, the Refugee Division finds that there is no credible basis for your claim. |
[2] The applicant then made a claim for permanent residence in Canada as a "post determination refugee claimant" (PDRC) on a risk analysis which was decided in writing on March 28, 2000. That determination ended with the words:
| Conclusion: |
| - based upon the evidence before me there is no reasonable possibility of risk should the applicant return to Costa Rica |
| - the applicant is not a member of the PDRCC class. |
[3] Now, the applicant, quite undeterred is attempting to remain in Canada on allegedly "humanitarian and compassionate grounds." He purports to be a benefactor of Canadian society, because he says that he employs two workers. Photocopies of the faces of a few cheques, which truly prove nothing much, are exhibited in applicant's record (tab E). He never swore that his business is profitable.
[4] The applicant had two wives in succession in Costa Rica and children of each of them. He is now, or has been, pursued for child support payments.
[5] The applicant claims that his previous lawyer let him down in the conduct of his refugee claim. But, except for a loser's grumbling, there is no evidence of his previous lawyer's misconduct, and no evidence of any complaint about it, if any, to the Law Society of Upper Canada.
[6] The applicant has not met the tests for a stay of deportation. His counsel tells this Court that he is not disputing the adverse refugee determination, nor the PRDCC determination. It is the H & C application we are pressing said counsel. "Humanitarian" and "compassionate" are not exotic words with esoteric meanings. They raise knowable issues. The applicant does not now evoke humanitarian or compassionate treatment. He can go back to his native country, if he must, without attracting jeopardy.
THIS COURT ORDERS that Juan Ramon Vargas Mora's application to stay his impending deportation from Canada be, and it is hereby dismissed.
"F.C. Muldoon"
Judge
FEDERAL COURT OF CANADA
TRIAL DIVISION
NAMES OF SOLICITORS AND SOLICITORS OF RECORD
| DOCKET: IMM-2678-00 |
| STYLE OF CAUSE: Juan Ramon Vargas Mora v. The Minister of Citizenship and Immigration |
PLACE OF HEARING: Toronto, Ontario
| DATE OF HEARING: June 5, 2000 |
REASONS FOR ORDER AND ORDER OF
THE HONOURABLE MR. JUSTICE MULDOON
DATED JUNE 5, 2000
APPEARANCES:
Mr. Gary Indech for the Applicant
Ms. Negar Hashimi for the Respondent
Department of Justice
SOLICITORS OF RECORD:
Last Hope Immigration for the Applicant
Consultant & Associates
480 University Ave, Suite 610
Toronto, ON M5G 4V2
Morris Rosenberg
Deputy Attorney General of Canada for the Respondent