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Date: 19990914


Docket: IMM-4531-99



BETWEEN:

     ESHANUL HAQUE

     Applicant

     - and -



     THE MINISTER OF CITIZENSHIP AND IMMIGRATION

     Respondent

     REASONS FOR ORDER AND ORDER

     (Delivered by telephone conference

     in Ottawa, Ontario, on September 14, 1999, as edited.)

    

BLAIS J.

[1]      This is a motion to stay the removal of the applicant to Pakistan, scheduled for today, September 14, 1999 at 3:10 p.m.

[2]      The applicant is detained since Friday, September 10, 1999, pursuant to withdrawal of sureties.

[3]      Pursuant to the second element of the test for a stay, that is "irreparable harm", I am not convinced that the applicant will suffer irreparable harm if he is deported to Pakistan. He left that country 18 years ago and returned there on a regular basis to visit and was never at risk.

[4]      The applicant has not convinced the Court that he will suffer any risk if he is deported there.

[5]      Counsel for the applicant mentioned his client"s intention to go elsewhere, it will be up to him to do it when he is in Pakistan.

[6]      As far as this element is concerned, he is not meeting the test.

[7]      Regarding the two other elements of the test, it is not necessary for me to address them today.

[8]      The application will be dismissed.


                         Pierre Blais

                         Judge


OTTAWA, ONTARIO

September 14, 1999

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