Yousuf v. Canada (Minister of Citizenship and Immigration), 2001 FCT 688

                                                                                                                                   Date: 20010614

                                                                                                                         Docket: IMM-2919-01

                                                                                                          Neutral Citation : 2001 FCT 688

Ottawa, Ontario, this 14^th day of June, 2001

Present: The Honourable Mr. Justice Pinard

Between:

                                                  TARIQ YOUSUF

                                                                                                               Applicant

                                                          - and -

                                         MINISTER OF CITIZENSHIP

                                               AND IMMIGRATION

                                                                                                            Respondent

UPON MOTION on behalf of the applicant for a stay of execution of the Deportation Order made in respect of the applicant;

UPON reading the material before the Court;

AND UPON hearing counsel for the parties by telephone conference;

                                             REASONS FOR ORDER and ORDER

Considering that the applicant is a failed refugee claimant whose claim was rejected on the ground that his story was not plausible and whose subsequent allegations of risk to him if he were to go back to Pakistan were rejected by the proper Risk Assessment Officer in November 1998;

Considering that the applicant was denied a stay of the execution of the removal order in question three days ago by my colleague Mr. Justice Blais who specifically found that the applicant will suffer no irreparable harm if deported to Pakistan;

Considering that the removals officers made, in the circumstances, what I consider in fact a reasonable assessment of the bona fides of the applicant's last minute request, yesterday, for a deferral of his removal based on allegations of risk which had not been made before Mr. Justice Blais and which, in any event, could and should have been raised earlier in the proper forum;

Considering, therefore, that the applicant has failed to convince me of the existence of a serious issue in this matter;

The requested stay is denied and the motion is dismissed.

       JUDGE