Montréal, Quebec, March 6, 2006
PRESENT: THE HONOURABLE MR. JUSTICE MARTINEAU
BETWEEN:
Applicant
and
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER AND ORDER
[1] This is a motion brought forward outside the deadline to obtain a stay of execution of an order issued to the applicant on February 16, 2006, to come to a meeting to update his file for an eventual removal from Canada and to allow him to apply for a pre-removal risk assessment (PRRA), if applicable, before enforcement of the removal order by the Canadian authorities.
[2] The applicant represents himself in these proceedings. It is clear that he does not fully understand the content of the notice dated February 16, 2006, or that he has the opportunity before the enforcement of any removal order to inform a PRRA officer that he should not be removed to Israel because of a threat to his life or the risk of cruel and unusual treatment in that country. Nothing is preventing the applicant from submitting a concurrent application to the respondent for exemption on humanitarian and compassionate grounds.
[3] It must be understood that this Court is not sitting in appeal of Immigration and Refugee Board decisions and that this Court is not authorized under the Act to grant the applicant “convention refugee” status or to decide he is “a person in need of protection”.
[4] The present motion for a stay is, by all considerations, premature. I am of the opinion that the applicant’s motion does not currently meet the three conditions for a stay to be granted, namely, the existence of a serious question to be tried, the demonstration of irreparable harm and the fact that the balance of convenience might favour the applicant.
ORDER
THE COURT ORDERS that the motion for a stay be dismissed, subject to the applicant’s right to file a new motion for a stay once a final decision is made concerning any PRRA (and/or humanitarian and compassionate grounds) application, and, if applicable, once the departure date for his removal from Canada has been specified.
“Luc Martineau”
Judge
Certified true translation
Gwen May
FEDERAL COURT
SOLICITORS OF RECORD
DOCKET: IMM-1200-06
STYLE OF CAUSE: KIRIYATSKIY ALEXANDER
Applicant
and
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
PLACE OF HEARING: Montréal, Quebec
DATE OF HEARING: March 6, 2006
REASONS FOR ORDER BY: THE HONOURABLE MR. JUSTICE MARTINEAU
APPEARANCES:
|
Alexander Kiriyatskiy on his own behalf
|
FOR THE APPLICANT |
|
Steve Bell
|
FOR THE RESPONDENT |
SOLICITORS OF RECORD:
|
John H. Sims, Q.C. Deputy Attorney General of Canada Montréal, Quebec
|
FOR THE RESPONDENT |