Date: 20050119
Docket: IMM-10158-04
Citation: 2005 FC 83
Toronto, Ontario, January 19th, 2005
Present: The Honourable Madam Justice Simpson
BETWEEN:
HUSSAIN ISMAIL
Applicant
and
MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS AND ORDER
[1] The Applicant moves for a stay of deportation. He is to be removed to the United States tomorrow. The removal originally scheduled for January 6, 2005 was deferred to enable the Applicant to participate in a mediation of a dispute arising from a car accident. That mediation is being held today.
[2] The Respondent has conceded that the Applicant's case raises a serious issue. It is the jurisdictional question concerning Pre-Removal Risk Assessment ("PRRA") applications decided in the period from December 12, 2003 to October 8, 2004. It is before the Court in Nalliah v. The Solicitor General for Canada and (M.C.I.), IMM-9071-04.
[3] The outstanding question, therefore, concerns irreparable harm. The following facts are relevant to my conclusion that irreparable harm has not been shown:
· The Applicant's risk was assessed by the Refugee Protection Division in its decision dated June 26, 2003, and the risk alleged today has not changed.
· The Applicant has not lived in Lebanon since 1986.
· There is no evidence that US authorities have reason to have any interest in the Applicant and no evidence that they intend to deport him to Lebanon.
· The "new evidence", which was before the PRRA Officer and is relied on today, consists of four undated letters describing Syrian threats against the Applicant and death certificates showing that Hydar Ismail and Youssif Ismail died of gunshot wounds. None of this material provides clear and convincing evidence that the Applicant would be at risk if he were returned to Lebanon.
· There is no fresh evidence before me about any increase in a risk.
ORDER
NOW THEREFORE THIS COURT ORDERS that, for the above reasons, the application is hereby dismissed.
"Sandra J. Simpson"
J.F.C.
FEDERAL COURT
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: IMM-10158-04
STYLE OF CAUSE: HUSSAIN ISMAIL
Applicant
and
MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
PLACE OF HEARING: TORONTO, ONTARIO
DATE OF HEARING: JANUARY 17, 2005
REASONS AND ORDER BY: SIMPSON J.
DATED: JANUARY 19, 2005
APPEARANCES BY:
Mr. R. Feldstein
FOR THE APPLICANT
Ms. M. Braccio
FOR THE RESPONDENT
SOLICITORS OF RECORD:
Laurence Cohen
Barrister & Solicitor
Toronto, Ontario
FOR THE APPLICANT
John H. Sims, Q.C.
Deputy Attorney General of Canada
Toronto, Ontario
FOR THE RESPONDENT
FEDERAL COURT
Date: 20050119
Docket: IMM-10158-04
BETWEEN:
HUSSAIN ISMAIL
Applicant
and
MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS AND ORDER
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