Date: 19990118
Docket: IMM-230-99
BETWEEN: SEWAK SINGH BRAR
Applicant
AND:
MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER
THE ASSOCIATE CHIEF JUSTICE
[1] The applicant, a Sikh citizen of India, arrived in Canada on August 21, 1991.
[2] On October 18, 1994, he claimed refugee status and his application was dismissed on the basis of his lack of credibility on January 24, 1997.
[3] The applicant did not challenge the Refugee Division"s decision or the decisions of the review officer and the adjudicators following his detention.
[4] The applicant filed a notice of motion to stay the removal order on January 15, 1999, his removal date had previously been set for January 18.
[5] In this action, the applicant is challenging a non-existent decision, an alleged refusal by a public servant to grant an administrative stay of proceedings. Given these circumstances, it cannot be maintained that there is a substantial issue to decide.
[6] In any case, the applicant has not proved irreparable prejudice. He asserts that the Indian government now knows his travel itinerary and he will be persecuted when he returns.
[7] By refusing to obtain a passport for himself from the Indian Consulate in Canada, the applicant forced the Canadian government to obtain a travel document from the Indian government by providing his travel itinerary. The documents on file indicate that the applicant does not have the profile of a person who fears persecution. In an affidavit supporting this motion, he did not present facts to support irreparable prejudice.
[8] Given the circumstances, the balance of convenience favours application of the Act.
[9] The application for a stay of execution is dismissed.
John D. Richard
Associate Chief Justice
MONTRÉAL, QUEBEC
January 18, 1999
Certified true translation
Monica F. Chamberlain
FEDERAL COURT OF CANADA
TRIAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
COURT NO.: IMM-230-998
STYLE OF CAUSE: SEWAK SINGH BRAR
Applicant
AND:
Respondent
PLACE OF HEARING: Montréal, Quebec
DATE OF HEARING: January 18, 1999
REASONS FOR ORDER BY: THE ASSOCIATE CHIEF JUSTICE
DATED: January 18, 1999
APPEARANCES:
Michelle Langelier for the applicant
Josée Paquin for the respondent
SOLICITORS OF RECORD:
Michelle Langelier for the applicant
Montréal, Quebec
Morris Rosenberg for the respondent
Deputy Attorney General for Canada
Federal Department of Justice
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