Dimouamoua v. Canada (Minister of Public Safety and Emergency Preparedness), 2005 FC 940

                                                                                                                                   Date: 20050705

                                                                                                                        Docket: IMM-3754-05

                                                                                                                          Citation: 2005 FC 940

BETWEEN:

                                               Christian Narcisse DIMOUAMOUA

                                                                                                                                            Applicant

                                                                          -and-

                                                 MINISTER OF PUBLIC SAFETY

                                            AND EMERGENCY PREPAREDNESS

                                                                          -and-

                                                    MINISTER OF CITIZENSHIP

                                                          AND IMMIGRATION

                                                                                                                                      Respondents

                                            REASONS FOR ORDER AND ORDER

PINARD J.

[1]         The applicant is challenging only the assessment of the facts by the pre-removal risk assessment officer (the PRRA officer) regarding his application for a visa exemption based on humanitarian and compassionate grounds. On that point, the applicant failed to establish the existence of a serious question. In fact, I do not see anything in the PRRA officer=s analysis that would suggest that a determinative error was made.

[2]         Considering that assessment of the facts by the PRRA officer, the applicant still did not succeed in establishing that he would suffer irreparable harm if he were to be removed to Cameroon. Moreover, his allegations on that point are substantially the same as the ones raised when his claim was before the Immigration and Refugee Board. His allegations B then assessed and dismissed because they were not credible B cannot be the basis of an allegation of irreparable harm (see, for example, Akyol v. The Minister of Citizenship and Immigration, 2003 FC 931).

[3]         In the circumstances, the balance of convenience favours the respondents who, under subsection 48(2) of the Immigration and Refugee Protection Act, are obliged to proceed with the applicant=s removal Aas soon as is reasonably practicable@.

                                                                       ORDER

Accordingly, the motion for stay is dismissed.

          AYvon Pinard@          

Judge                

OTTAWA, ONTARIO

July 5, 2005

Certified true translation

Kelley Harvey, BCL, LLB

                                                               FEDERAL COURT

                                                       SOLICITORS OF RECORD

DOCKET:                                                        IMM-3754-05

STYLE OF CAUSE:                                         Christian Narcisse DIMOUAMOUA v. MINISTER OF PUBLIC SAFETY AND EMERGENCY PREPAREDNESS and MINISTER OF CITIZENSHIP AND IMMIGRATION

HEARING BY TELECONFERENCE:             July 4, 2005

REASONS FOR ORDER:                                Pinard J.

DATE OF REASONS:                                     July 5, 2005     

APPEARANCES:

Sébastien Dubois                                               FOR THE APPLICANT

Marie-Claude Demers                           FOR THE RESPONDENTS

SOLICITORS OF RECORD:

Saint-Pierre Grenier                                           FOR THE APPLICANT

Montréal, Quebec

John H. Sims, Q.C.                                           FOR THE RESPONDENTS

Deputy Attorney General of Canada