Date: 19990526
Docket: IMM-2593-99
BETWEEN:
SRISKATHAN IYATHURAI
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER
McKEOWN J.
[1] The applicant originally claimed he was a refugee for purposes of this stay application, until the respondent filed in this Court yesterday the results of his credible basis hearing on August 13, 1990. The applicant then swore another affidavit yesterday, setting out that he believed until yesterday that he was a Convention refugee in Canada.
[2] He also set out for the first time that he was found to be a Convention refugee in Germany in 1984. There is no other evidence before me to support this statement. He could have raised this matter when served with his removal letter on May 5, 1999, or earlier. It is his own inaction which precludes removal to Germany.
[3] There is no serious issue. There is no irreparable harm. The applicant has produced general evidence regarding persecution of Tamils, but has not shown how he is connected to this general evidence, other than being a Tamil male.
[4] The balance of convenience favours the Minister. She is carrying out her statutory duty under the Immigration Act.
[5] The application for a stay of the deportation order is dismissed.
W.P. McKeown
JUDGE
OTTAWA, Ontario
May 26, 1999.
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