Citation: 2006 FC 1551
Ottawa, Ontario, this 22nd day of December 2006
PRESENT: The Honourable Mr. Justice Pinard
BETWEEN:
and
AND EMERGENCY PREPAREDNESS
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-6577-06;
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. Indeed, the applicant is essentially challenging the removal officer’s findings of fact and weighing of the evidence. In that regard, the underlying application is unlikely to succeed on its merits as it appears that the removal officer was alive to the applicant’s submission that he would suffer financial losses if his removal was not deferred and as it further appears that it was not patently unreasonable for the removal officer, who must be presumed to have considered all of the evidence before her, to assess the applicant’s situation as she did.
ORDER
Consequently, the motion is dismissed.
FEDERAL COURT
NAME OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: IMM-6578-06
STYLE OF CAUSE: YASH PAL BHATIA v. THE MINISTER OF PUBLIC
SAFETY AND EMERGENCY PREPAREDNESS
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