Date: 20001219
Docket: IMM-6188-00
Calgary, Alberta, this 19th day of December, 2000
| PRESENT: THE HONOURABLE MR. JUSTICE JOHN A. O'KEEFE |
BETWEEN:
ZAHEER ABBAS
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER AND ORDER
O'KEEFE J.
[1] This is a motion by Zaheer Abbas (the "applicant") for a stay of a Deportation Order pending a final determination of his refugee claim.
[2] The applicant is a citizen of Pakistan who arrived in Canada on November 18, 1998. A claim for convention refugee status was initiated on November 27, 1998 in Vancouver. The applicant withdrew his claim on January 12, 2000, because he was told by his family in Pakistan that the situation there was better and that he could return safely to Pakistan. The applicant was advised at the time that he had 30 days to leave Canada.
[3] The applicant booked a flight leaving for Pakistan on April 20, 2000. The applicant states that a week before his flight, his family told him his nephew had been shot by "Naeem", his religious opponent, and that they advised him not to return as his life was in danger. The applicant states his family also advised him that the police refused to give any protection to his family because of their religious beliefs.
[4] The applicant states that he was advised by some people to go to Calgary and file another claim for refugee status under a "slightly different name." The applicant filed a second claim for refugee status on May 23, 2000, under a different name and date of birth. He was arrested on October 20, 2000 by immigration officers in Calgary.
[5] The applicant states he has only a grade 6 education and that had he known he could reinstate his first claim, he would not have filed the second claim. The applicant states he did what he was advised to do by some acquaintances.
[6] During the applicant's detention review hearing on November 29, 2000, he was informed that travel documents for him were ready and would be issued at any time. He was also advised through his counsel that travel arrangements were being made to effect his deportation as soon as the travel documents became available.
[7] The applicant filed an application for leave and judicial review of the November 29, 2000 decision of the Adjudication Division of the Immigration and Refugee Board (the "IRB") which was orally communicated to him (the file does not contain written reasons). In its decision, the IRB refused to release the applicant and ordered his continued detention. In the event that leave is granted, the applicant seeks to have the decision set aside and referred back for redetermination by a different member.
[8] The applicant, in his written argument, stated that the application for reinstatement of his refugee claim was denied by a member of the Immigration and Refugee Board on December 4, 2000 and that he had filed an application for leave and for judicial review in connection with this denial.
ISSUE
[9] Should an Order staying the Deportation Order be granted?
ANALYSIS AND DECISION
[10] According to the evidence, no date has yet been set for the applicant's removal from Canada. As well, in the application for judicial review filed in this application, no
relief is sought with respect to the Removal Order. The only relief requested is "To have the decision of the adjudicator set aside and referred back for redetermination by a different member of the Adjudication Division in accordance with the law.".
[11] It is my finding that since no date has yet been set for the removal of the applicant from Canada, his application for a stay of the Order is premature (see Othelo v. Canada (Minister of Citizenship and Immigration) [1998] F.C.J. No. 1039). The motion is therefore dismissed.
ORDER
[12] The motion of the applicant is dismissed.
"John A. O'Keefe"
J.F.C.C.
Calgary, Alberta
December 19, 2000
FEDERAL COURT OF CANADA
TRIAL DIVISION
Date: 20001219
Docket: IMM-6188-00
BETWEEN:
ZAHEER ABBAS
Applicant
- and -
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
REASONS FOR ORDER AND ORDER
FEDERAL COURT OF CANADA
TRIAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: IMM-6188-00
| STYLE OF CAUSE: ZAHEER ABBAS v. MCI |
PLACE OF HEARING: CALGARY, ALBERTA
DATE OF HEARING: DECEMBER 18, 2000
REASONS FOR ORDER AND ORDER OF O'KEEFE, J.
DATED: DECEMBER 19, 2000
APPEARANCES:
Mr. Melvin Crowson FOR APPLICANT
Mr. Brad Hardstaff FOR RESPONDENT
SOLICITORS OF RECORD:
Mangat & Company
Calgary, Alberta FOR APPLICANT
Morris A. Rosenberg
Deputy Attorney General
of Canada
Ottawa, Ontario FOR RESPONDENT