Singh v. Canada (Minister of Citizenship and Immigration), 2003 FC 1358

Date: 20031117

Docket: IMM-8708-03

Citation: 2003 FC 1358

Vancouver, British Columbia, Monday, the 17^th day of November, 2003

Present:           THE HONOURABLE MADAM JUSTICE SIMPSON                               

BETWEEN:

                                                                 SUKHPAL SINGH

                                                                                                                                                       Applicant

                                                                              - and -

                                                  THE MINISTER OF CITIZENSHIP

                                                              AND IMMIGRATION

                                                                                                                                                   Respondent

                                                            REASONS AND ORDER

[1]                 UPON the Applicant's application for leave and judicial review of a decision dated October 23, 2003, concerning his Pre-Removal Risk Assessment ("PRRA");

[2]                 AND UPON the Applicant's motion for a stay of his deportation on November 23, 2003, pending a final decision in his application for judicial review;

[3]                 AND UPON determining that there is no serious issue to be considered as part of the judicial review because the Applicant's need for protection has been analyzed both during his failed refugee claim, in which leave was denied, and during the PRRA process. In both cases the conclusion was reached that he was not in need of protection because he was not a high profile militant whose name appeared on the police's wanted list. For this reason, he would not face police action and torture on his return to India.

[4]                 AND UPON noting that this conclusion was reached because:

-            the only credible evidence of the Applicant's contact with militants in the Punjab dealt with an incident in 1992 when he was forced to feed them a meal and give them his scooter

-            the Applicant has lived in Africa with his wife and child for most of the time since 1992

-            the Applicant visited his parents in the Punjab for a month in 1999

-            the Applicant is a plumber and not a human rights activist or a militant

-            it was determined that the Applicant had an Internal Flight Alternative outside the Punjab

-            when the Applicant was arrested in 1992, he was released on payment of a bribe and, although his name was written down, there is no evidence that he is on the "wanted" list or that a warrant is outstanding for his arrest

[5]                 AND UPON determining that, given the Applicant's status as a low profile individual, the fact that a document prepared by a Danish government delegation and entitled "Report on fact finding mission to Punjab (India)" dealing with the position of the Sikhs in the period from March 21 to April 5, 2000, was not referred to by the officer conducting the PRRA is not material;

[6]                 AND UPON determining that four of the five reports the PRRA officer did consider were more current than the Danish Report;

[7]                 AND UPON determining that, given this Applicant's low profile, there is no prospect of irreparable harm;

[8]                 AND UPON determining that, since there is time for the Applicant to give instructions about the contents of his Motion Record for the judicial review before he leaves Canada, the balance of convenience favours the Minister.

                                                                            ORDER

NOW, THEREFORE, THIS COURT ORDERS that this application for a stay is hereby dismissed.

(Sgd.) "Sandra J. Simpson"

Judge

FEDERAL COURT

NAMES OF COUNSEL AND SOLICITORS OF RECORD

DOCKET:                                 IMM-8708-03

STYLE OF CAUSE:             SUKHPAL SINGH

- and -

THE MINISTER OF CITIZENSHIP AND IMMIGRATIO

PLACE OF HEARING:                    Vancouver, B.C.

DATE OF HEARING:                       November 17, 2003

REASONS AND ORDER OF:          SIMPSON J.

DATED:                                                 November 17, 200

APPEARANCES:

Mr. Baldev Sandhu                                                                      for APPLICANT

Ms. Helen Park                                                                           for RESPONDEN

SOLICITORS OF RECORD:

Sandhu Law Office                                                                       for APPLICANT

Vancouver, B.C.         

Morris Rosenberg                                                                       for RESPONDENT

Deputy Attorney General of Canada