Federal Court Decisions

Date: 20061222

Docket: IMM-6577-06

Citation: 2006 FC 1550

Ottawa, Ontario, this 22^nd day of December 2006

PRESENT:     The Honourable Mr. Justice Pinard

BETWEEN:

YASH PAL BHATIA

Applicant

and

THE MINISTER OF CITIZENSHIP

AND IMMIGRATION

Respondent

            UPON MOTION on behalf of the applicant for an Order to stay the execution of his Removal Order scheduled to occur on December 28, 2006;

            UPON hearing this motion together with a similar motion in Court File IMM-6578-06;

            UPON reading the material before the Court;

            AND UPON hearing counsel for the parties by telephone conference;

REASONS FOR ORDER and ORDER

            The requested stay is denied on the basis of lack of a serious issue. The applicant is essentially challenging the PRRA officer’s findings of fact and weighing of the evidence. In that regard, the applicant has failed to satisfy me that he has an arguable case concerning the PRRA officer’s finding that his Pre-Removal Risk Assessment was based on the same risks that were presented to the Refugee Protection Division which had denied his refugee claim and the additional finding that he had provided insufficient new evidence to warrant a different conclusion. Furthermore, the applicant has not pointed to any evidence of new risks that was before the PRRA officer, who must be presumed to have considered all of the evidence before her, which directly contradicted any of her conclusions. Finally, I agree with the respondent that it was entirely reasonable for the PRRA officer to find that the applicant did not address the Refugee Protection Division’s findings with respect to State protection and internal flight alternative.

ORDER

Consequently, the motion is dismissed.

“Yvon Pinard”

FEDERAL COURT

NAME OF COUNSEL AND SOLICITORS OF RECORD

DOCKET:                                          IMM-6577-06

STYLE OF CAUSE:                          YASH PAL BHATIA v. THE MINISTER OF

CITIZENSHIP AND IMMIGRATION

HEARING HELD BY TELEPHONE CONFERENCE

DATE OF HEARING:                      December 21, 2006

REASONS FOR ORDER and ORDER:     Pinard J.

DATED:                                             December 22, 2006

APPEARANCES:

Mr. Boniface Ahunwan                         FOR THE APPLICANT

Mr. John Provart                                              FOR THE RESPONDENT

SOLICITORS OF RECORD:

Boniface Ahunwan                                            FOR THE APPLICANT

North York, Ontario

John H. Sims, Q.C.                                          FOR THE RESPONDENT

Deputy Attorney General of Canada