Federal Court Decisions

Decision Information

Alezeri v. Canada (Public Safety and Emergency Preparedness)

Court (s) Database Federal Court Decisions
Date 2010-05-03
Neutral citation 2010 FC 486
File numbers IMM-2326-10

Decision Content

 

Federal Court

 

Cour fédérale

Date: 20100503

Docket: IMM-2326-10

Citation: 2010 FC 486

Toronto, Ontario, May 3, 2010

PRESENT:     The Honourable Mr. Justice Shore

 

BETWEEN:

ABDULLAH MOHAMMED ALEZERI

Applicant

 

 

and

 

 

 

THE MINISTER OF PUBLIC SAFETY

AND EMERGENCY PREPAREDNESS

Respondent

 

REASONS FOR ORDER AND ORDER

 

[1]               Consideration having been given to the background of this motion for a stay of removal, the Court, further to analysis, is in agreement with the Respondent.

 

[2]               The Applicant has made various immigration applications in addition to applications for leave and judicial review. Subsequent to a negative refugee decision, based on a negative credibility finding, a negative pre-removal risk assessment (PRRA) and a negative decision on humanitarian and compassionate grounds, his applications for leave and judicial review of these negative decisions were all dismissed by this Court. In addition, a second PRRA application, has since been submitted by the Applicant with, as yet, no decision.

 

[3]               The Applicant has brought the present underlying application for leave and judicial review of a refusal to defer before a decision was even made on his request, although it has since been made. The date of departure has been set for May 6, 2010.

 

[4]               As no serious issue, nor irreparable harm has been demonstrated (in clear and non-speculative evidence) and as the balance of convenience favours the Respondent, this motion is dismissed as per the tripartite conjunctive Toth test (Toth v. Canada (Minister of Employment and Immigration) (1988), 302 F.C.A.).

 

 

 

ORDER

 

THIS COURT ORDERS that this motion for a stay of removal be dismissed.

 

 

“Michel M.J. Shore”

                          Judge      

 

FEDERAL COURT

 

SOLICITORS OF RECORD

 

 

 

DOCKET:                                          IMM-2326-10

 

STYLE OF CAUSE:                          ABDULLAH MOHAMMED ALEZERI v. THE MINISTER OF PUBLIC SAFETY AND EMERGENCY PREPAREDNESS

 

 

PLACE OF HEARING:                    Toronto, Ontario

 

DATE OF HEARING:                      May 3, 2010

 

REASONS FOR ORDER

AND ORDER:                                   SHORE J.

 

DATED:                                             May 3, 2010

 

 

 

APPEARANCES:

 

D. Clifford Luyt

 

 

FOR THE APPLICANT

Asha Gafar

 

FOR THE RESPONDENT

 

SOLICITORS OF RECORD:

 

D. Clifford Luyt

Barrister and Solicitor

160 Delaware Avenue

Toronto, Ontario

 

FOR THE APPLICANT

Myles Kirvan

Deputy Attorney General of Canada

 

FOR THE RESPONDENT

 

 

 You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.