Bhatia v. Canada (Minister of Public Safety and Emergency Preparedness), 2006 FC 1551

Date: 20061222

Docket: IMM-6578-06

Citation: 2006 FC 1551

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

PRESENT:     The Honourable Mr. Justice Pinard

BETWEEN:

YASH PAL BHATIA

Applicant

and

THE MINISTER OF PUBLIC SAFETY

AND EMERGENCY PREPAREDNESS

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-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.

“Yvon Pinard”

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