Salman v. Canada (Minister of Citizenship and Immigration), 2001 FCT 507

Date: 20010518

Docket: IMM-2052-01

Neutral citation: 2001 FCT 507

BETWEEN:

                    FAIZ AHMED UMAR UBUD SALMAN

                                                                                            Applicant

                                                 - and -

   THE MINISTER OF CITIZENSHIP AND IMMIGRATION

                                                                                        Respondent

                                REASONS FOR ORDER

DUBÉ J.:

[1]    This application by way of a conference call is for a stay of a deportation order on the ground that the applicant would be at risk if deported to Kenya, his country of origin.

1. Facts

[2]    The applicant arrived in Canada in March 1997 and delayed in making his refugee claim which was denied in September 1998. His application on humanitarian and compassionate grounds, which included a risk assessment, was denied on March 15, 2001. The applicant presented further documentation on risk, which was considered by a second PCDO on April 20, 2001. The latter was of the opinion that there was no objectively identifiable risk. Thereafter, he presented more documentation on risk which was considered by a third PCDO who released a full risk review assessment on May 15, 2001. After having examined all the information before him, he concluded that he does "not find that the applicant would be at risk as a failed refugee claimant".

2. Disposition

[3]    Counsel for the applicant attacked the third risk review assessment on several grounds which, in his view, constituted reviewable errors, namely that the risk assessment dealt with reported disappearances in the year 2000 but not in the year 2001, that the applicant was not afforded the opportunity to rebut some of the allegations, that there was no reference made to some affidavits filed, and that it gave a wrong interpretation to a February 19, 1997 arrest warrant against the applicant.

[4]                Counsel also argued that the two previous assessments were not relevant to the instant deportation order.

[5]                In my view, those arguments have no merit.

[6]                The applicant was afforded three opportunities to show that he would face personal risk if he were deported to his country of origin and was not successful. Those three successive assessments, made by three different immigration officers are not unreasonable and cannot be disregarded, more so when the only ground for a stay of deportation is based on yet another claim by the applicant that he will suffer personal risk if deported.

[7]                Consequently, this application must be dismissed. These reasons for order apply to the three applications filed by the applicant in this matter, namely Court Files         IMM-2052-01, IMM-1871-01 and IMM-1663-01.

OTTAWA, Ontario

May 18, 2001

                                                                                                   Judge