Iyare v. Canada (Minister of Citizenship and Immigration), docket IMM-5600-00

Date: 20001201

Docket: IMM-5600-00

BETWEEN:

     MORGAN IYARE

     Applicant

     - and -

     THE MINISTER OF CITIZENSHIP AND IMMIGRATION

     Respondent

     REASONS FOR ORDER AND ORDER

BLAIS J.

[1]      This is a motion for a stay of execution of a deportation order to be executed on December 4, 2000. I have reviewed carefully the material filed by both parties and I have also heard counsel for the parties by teleconference.

[2]      The applicant has filed an application for judicial review of the negative decision rendered by the Minister of Citizenship and Immigration dated October 6, 2000, rejecting the application for landing made by the applicant.

[3]      Relating to irreparable harm, the applicant suggests that if he should leave Canada without a full and equitable enquiry of his case on the merits, he would never be allowed to return to Canada.

[4]      The applicant suggests that not being able to return to Canada to join his wife and children, would constitute an irreparable harm.

[5]      I should first mention that the applicant has a serious problem of credibility that was first raised by the Refugee Division when the negative decision was rendered.

[6]      The immigration officer also raised serious questions of credibility of the applicant as he mentioned in the document "motifs humanitaires" filed as PH-3 to the affidavit of Pierre Hétu.

[7]      It is also admitted that the applicant entered Canada twice with false documents.

[8]      Many allegations by the applicant, particularly in paragraph 29 of the applicant's affidavit, are strongly contradicted by the affidavit of Mr. Maurice Groulx. I have no hesitation to believe Mr. Groulx, in the circumstances.

[9]      In my view, the applicant failed to provide any evidence that he could face irreparable harm, if deported to Nigeria.

[10]      I also considered that the balance of convenience favours strongly the respondent in this case.

[11]      It is not necessary to address the question whether there is a serious issue.

[12]      For those reasons, the application for a stay is dismissed.

                         Pierre Blais

                         Judge

OTTAWA, ONTARIO

December 1, 2000