Date: 20030127
Docket: IMM-436-03
Montréal, Quebec, January 27, 2003
Present: The Honourable Mr. Justice Lemieux
BETWEEN:
HAKKI AKDENIZ
Applicant
and
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
Motion by the applicant for the stay of a removal order, the removal being effective Tuesday, January 28, 2003.
ORDER
For reasons expressed this afternoon, this application for a stay is dismissed.
"François Lemieux"
Judge
Certified true translation
Suzanne M. Gauthier, C. Tr., LL.L.
Date: 20030128
Docket: IMM-436-03
Neutral Citation: 2003 FCT 91
BETWEEN:
HAKKI AKDENIZ
Applicant
and
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
REASONS FOR ORDER
LEMIEUX J.
[1] I am briefly expressing in writing the reasons delivered orally yesterday dismissing an application for stay of a deportation order effective today.
[2] The applicant Hakki Akdeniz says he is a Kurd and a citizen of Turkey. On March 29, 2001, he arrived in Canada and claimed refugee status. The Refugee Division dismissed his claim for three reasons: (1) it did not believe that Mr. Akdeniz is a Kurd; (2) it did not consider him credible; and (3) it considered that not wanting to do one's military service is not a reason for one's recognition as a refugee.
[3] His application for leave and judicial review of the decision of the Refugee Division was dismissed by this Court.
[4] On October 18, 2002, the applicant applied for a pre-removal risk assessment (PRRA) as provided in the new Immigration and Refugee Protection Act.
[5] On December 3, 2002, the PRRA officer Julie Luneau rejected his application but it was not until January 9, 2003, that the reasons for the decision were given to the applicant.
[6] It was not until January 24, 2003, that an application for a stay was filed in the Court.
[7] The only ground cited in opposition to the decision is a breach of natural justice. The applicant alleges that the real nature of his story could not be known by the PRRA officer owing to faulty interpretation.
[8] I am unable from my review of the record to find that the applicant has demonstrated the existence of a serious issue or that he would suffer irreparable harm if he were to return to the United States or Turkey.
[9] The alleged errors in interpretation are those before the I.R.B. and this ground was not cited by the applicant when applying for leave in this Court.
[10] The PRRA officer did not interview the applicant and assessed his request in light of the written arguments that were submitted.
[11] The applicant's counsel was unable to demonstrate to me how the written arguments in support of his PRRA application were the result of a misinterpretation or mistranslation and failed to express the real nature of his fear.
[12] There is another reason for dismissing this application for a stay. This application comes at the very last minute, and no justification was presented. A number of judges of this Court have held that it was not in the interest of justice, in similar circumstances, to examine an application for a stay.
[13] This application for a stay is dismissed.
"François Lemieux"
Judge
Montréal, Quebec
January 28, 2003
Certified true translation
Suzanne M. Gauthier, C. Tr., LL.L.
FEDERAL COURT OF CANADA
TRIAL DIVISION
Date: 20030128
Docket: IMM-436-03
Between:
HAKKI AKDENIZ
Applicant
and
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
REASONS FOR ORDER
FEDERAL COURT OF CANADA
TRIAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET NO: IMM-436-03
STYLE: HAKKI AKDENIZ
and
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
PLACE OF HEARING: Montréal, Quebec
DATE OF HEARING: January 27, 2003
REASONS FOR ORDER OF THE HONOURABLE MR. JUSTICE LEMIEUX
DATED: January 28, 2003
APPEARANCES:
Daniel Drouin FOR THE APPLICANT
Claudia Gagnon FOR THE RESPONDENT
SOLICITORS OF RECORD:
Drouin Lakhdar FOR THE APPLICANT
Montréal, Quebec
Morris Rosenberg FOR THE RESPONDENT
Deputy Attorney General of Canada
Montréal, Quebec
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