Date: 19990204
Docket: IMM-317-99
Ottawa, Ontario, the 4th day of February, 1999
Before: The Honourable Mr. Justice Pinard
Between:
PIERRE-LOUIS DESORGUES
(alias) Maamar Bekara
Applicant
- and -
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
ORDER
The applicant"s motion for a stay of the removal order issued against him on December 11, 1998 is dismissed.
Yvon Pinard
J.
Certified true translation
Bernard Olivier
Date: 19990204
Docket: IMM-317-99
Between:
PIERRE-LOUIS DESORGUES
(alias) Maamar Bekara
Applicant
- and -
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
REASONS FOR ORDER
PINARD J.:
[1] This is a motion for a stay of execution of a removal order issued on December 11, 1998. The applicant relies on the ambiguity that may result from his lies as to his true identity in order to avoid being returned to France, from which he says he fears being deported to Algeria.
[2] In my opinion, irrespective of whether the applicant is returned to France or Algeria, he has not discharged the onus of establishing that his removal will cause him irreparable harm. Indeed, the only evidence that might be connected with the consequences of the applicant"s removal to either of these countries is contained in paragraph 17 of his affidavit, which states:
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Furthermore, I wish to declare as follows: |
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- fear for my life and safety (real risk of deportation from France to Algeria) although I fled Algeria and I am being sought for insubordination, having refused as a conscientious objector to do my national service; |
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- fear of never being heard on my claim, the immigration authorities knowing that I have a hearing on 20 January 99 and that if I do not appear personally with my file in order, the Refugee Division would conclude that I have abandoned my claim without my being able to get a full hearing or even being present; |
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[3] Now, as to the alleged fear of never being heard on his claim if he could not be present at the hearing scheduled for January 20, 1999, the applicant did not file the present motion for a stay until January 28, 1999. Furthermore, he did not even appear at the hearing on January 20, 1999, which led the Refugee Division to conclude that his claim for refugee status had been abandoned. As to the simple allegation of a fear of persecution resulting from his refusal to do his military service in Algeria as a conscientious objector, without further explanation or evidence it is completely insufficient (see, for example, Barisic v. M.C.I. (January 26, 1995), IMM-7275-93 (F.C.T.D.)). The lack of credibility of the applicant, who on two occasions lied to the Canadian authorities concerning his true nationality, only reinforces this conclusion.
[4] The applicant"s failure, therefore, to establish at least one of the essential ingredients to justify the requested stay is sufficient to result in the dismissal of his motion.
[5] An order will issue accordingly.
Yvon Pinard
OTTAWA, Ontario
February 4, 1999
Certified true translation
Bernard Olivier
FEDERAL COURT OF CANADA
TRIAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
FILE NO:IMM-317-99
STYLE:PIERRE-LOUIS DESORGUES (alias) Maamar Bekara v. THE MINISTER OF CITIZENSHIP AND IMMIGRATION
PLACE OF HEARING:Montréal, Quebec
DATE OF HEARING:February 2, 1999
REASONS FOR ORDER OF PINARD J.
DATED:February 4, 1999
APPEARANCES:
Kheira Zendjabil FOR THE APPLICANT
Édith Savard FOR THE RESPONDENT
SOLICITORS OF RECORD:
Montréal, Quebec [sic] FOR THE APPLICANT
Morris Rosenberg FOR THE RESPONDENT
Deputy Attorney General of Canada
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