Date: 20050705
Docket: IMM-3809-05
Citation: 2005 FC 943
BETWEEN:
GURJINDER SINGH MINHAS
Applicant
- and -
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
- and -
THE MINISTER OF PUBLIC SAFETY
AND EMERGENCY PREPAREDNESS
Respondents
UPON motion on behalf of the applicant to obtain a stay of execution of a removal order that can be effected immediately;
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] At the respondent's request the Minister of Public Safety and Emergency Preparedness has been added as a party to the proceedings. The applicant consented to this addition.
[2] The applicant essentially disagrees with the Pre-removal Risk Assessment ("PRRA") Officer's assessment of the facts concerning the current conditions in India and his personal circumstances. However, there are very serious elements of proof which support the PRRA Officer's decision. In the context of a claimant who has previously been found not to be credible by the Immigration and Refugee Board, 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. In that regard, I agree with the substance of paragraphs 17 to 42 inclusive of the Respondent's Written Representations contained in the Respondent's Motion Record.
[3] In the circumstances, the balance of convenience is in favour of the respondents, as subsection 48(2) of the Immigration and Refugee Protection Act, S.C. 2001, c. 27, provides that a removal order must be enforced "as soon as reasonably practicable".
ORDER
Consequently, the motion is dismissed.
JUDGE
OTTAWA, ONTARIO
July 5, 2005
FEDERAL COURT
SOLICITORS OF RECORD
DOCKET: IMM-3809-05
STYLE OF CAUSE: GURJINDER SINGH MINHAS v. THE MINISTER OF CITIZENSHIP AND IMMIGRATION and THE MINISTER OF PUBLIC SAFETY AND EMERGENCY PREPAREDNESS
HEARING BY TELECONFERENCE: July 5, 2005
REASONS FOR ORDER BY: PINARD J.
DATED: July 5, 2005
APPEARANCES:
Mr. Stewart Istvanffy FOR THE APPLICANT
Mr. François Joyal FOR THE RESPONDENTS
SOLICITORS OF RECORD:
Stewart Istvanffy FOR THE APPLICANT
Montréal, Quebec
John H. Sims, Q.C. FOR THE RESPONDENTS
Deputy Attorney General of Canada