Resulaj v. Canada (Minister of Citizenship and Immigration), 2003 FC 1168

Date: 20031008

Docket: IMM-7205-03

Citation: 2003 FC 1168

Ottawa, Ontario, this 8^th day of October, 2003

Present:           THE HONOURABLE MR. JUSTICE O'REILLY                          

BETWEEN:

                                                                BLERINA RESULAJ

                                                                                                                                                       Applicant

                                                                              - and -

                             THE MINISTER OF CITIZENSHIP AND IMMIGRATION

                                                                                                                                                   Respondent

                                               REASONS FOR ORDER AND ORDER

[1]                 Blerina Resulaj has been ordered to leave Canada for Albania on October 17, 2003. She has filed an application for leave to judicially review a decision of an immigration officer who conducted a pre-removal risk assessment (PRRA). He concluded that she would not be at personal risk if returned to Albania. She asks the Court to stay her removal while she pursues her legal remedies in Canada.

[2]                 I have concluded that Ms. Resulaj has satisfied the three-part test for a stay.

I. Serious Issue

[3]                 Ms. Resulaj argues that the PRRA officer failed to take adequate account of the evidence before him. That evidence was in two forms. First, Ms. Resulaj supplied a written narrative and other documentation outlining the basis for her fear of her ex-husband, who was heavily involved in crime, had abused and assaulted her in the past and had an ongoing dispute with her family over a debt. She alleged, among other things, that her ex-husband had murdered her cousin. Second, the officer considered reports on the conditions in Albania, which included descriptions of the plight of women in that country.

[4]                 Looking at the officer's reasons as a whole, I am satisfied that Ms. Resulaj has raised a serious issue; namely, whether the PRRA officer's conclusion that she did not satisfy any of the grounds for protection was supported by the evidence.

II. Irreparable Harm

[5]                 This case involves the question whether the assessment of personal risk to Ms. Resulaj was adequate. Removing her to face that potential risk while the legal issue in her case is explored before the Court would render nugatory any legal remedy that might ultimately be available to her. Such circumstances constitute irreparable harm: Melo v. Canada (Minister of Citizenship and Immigration), [2000] F.C.J. No. 403 (QL) (T.D.).

III. Balance of Convenience

[6]                 In light of the above, the balance of convenience lies in allowing Ms. Resulaj to remain in Canada while pursuing her legal remedies.

                                                                            ORDER

THIS COURT ORDERS that:

1. The removal of the applicant from Canada is stayed until her underlying application for leave and judicial review is finally disposed of.

                                                                                                                                     "James W. O'Reilly"             

                                                                                                                                                               Judge                

                                                                     FEDERAL COURT

             Names of Counsel and Solicitors of Record

DOCKET:                                             IMM-7205-03

STYLE OF CAUSE:                           BLERINA RESULAJ                                                     Applicant

- and -

MINISTER OF CITIZENSHIP AND IMMIGRATION           

                                                                                                                                                     Respondent

PLACE OF HEARING:                     TORONTO, ONTARIO

DATE OF HEARING:                       MONDAY OCTOBER 6, 2003

REASONS FOR ORDER

AND ORDER BY:                              THE HONOURABLE MR. JUSTICE O'REILLY

DATED:                                                WEDNESDAY, OCTOBER 8, 2003

APPEARANCES BY:                        Mr. Lorne Waldman

FOR THE APPLICANT

Ms. Andrea Hammell

FOR THE RESPONDENT

SOLICITORS OF RECORD:          Mr. Lorne Waldman

281 Eglinton Ave East

Toronto, Ontario             M4P 1L3

FOR THE APPLICANT

Morris Rosenberg

Deputy Attorney General of Canada

FOR THE RESPONDENT