Date:
20120607
Docket:
IMM-4934-12
Citation:
2012 FC 695
Montréal,
Quebec, this 7th day of June 2012
PRESENT: The
Honourable Mr. Justice Pinard
BETWEEN:
Stephanie KHATTAR
Applicant
and
THE MINISTER OF
CITIZENSHIP
AND
IMMIGRATION
Respondent
REASONS
FOR ORDER AND ORDER
[1]
This
is a motion made on behalf of the Applicant for an Order staying her removal from
Canada to Lebanon, pending the disposition of her request for leave and for judicial
review of the negative decision of an Immigration Officer (“the Immigration
Officer”) who refused her request for an exemption to apply for permanent
residence within Canada on humanitarian and compassionate grounds.
[2]
To
obtain the requested stay, the Applicant needed to demonstrate that all three
criteria of the applicable tri-partite test established by the Federal Court of
Appeal in Toth v. Canada (M.E.I.) (1988), 86 N.R. 302 [Toth] are
met, namely (1) the existence of a serious issue in the underlying application
for leave and for judicial review; (2) resulting irreparable harm if the
removal order is executed; and (3) the balance of convenience in her favour.
[3]
In
this case, the Applicant has totally failed to satisfy me that she will suffer
irreparable harm if removed to Lebanon.
[4]
The
irreparable harm alleged by the Applicant in this motion relies on the very
same allegations of risk that were evaluated and dismissed by the Refugee
Protection Division, the Pre-Removal Risk Assessment (“PRRA”) Officer and the
Immigration Officer. I note that the PRRA Officer considered the Applicant’s
particular situation and determined that she would face no risk upon her return
to Lebanon. This decision has not been contested.
[5]
Concerning
the Applicant’s loss of employment in retail sales, a position that she has
held for less than a year, and the separation from friends and family upon her
return to Lebanon, it is well established that irreparable harm must be more
than the usual consequences of deportation (see, for example, Ali v.
Minister of Citizenship and Immigration, 2007 FC 751 [Ali]; Atwal
v. Minister of Citizenship and Immigration, 2004 FCA 427; and Thanabalasingham
v. Minister of Public Safety and Emergency Preparedness, 2006 FC 486).
[6]
Finally,
concerning the allegations of risk and irreparable harm mentioned in letters
sent by the Applicant’s father, mother and friend, I agree with the Respondent
that these letters merely refer to vague threats from unnamed persons as a
result of anonymous phone calls, and they do not contain any specific information
upon which it could be alleged that the Applicant would personally be subjected
to irreparable harm. The general allegations of harassment and potential risk
to the Applicant’s reputation contained in these letters is speculative (see Ali,
above, at para 36).
[7]
As
the Applicant’s failure to demonstrate that she will suffer irreparable harm if
she returned to Lebanon is determinative of this stay motion, it will not be
necessary to deal with the other prongs of the Toth test above, namely
the existence of a serious issue and the balance of convenience.
ORDER
The Applicant’s
motion for an Order staying her removal from Canada to Lebanon is hereby dismissed.
“Yvon Pinard”
FEDERAL COURT
SOLICITORS OF RECORD
DOCKET: IMM-4934-12
STYLE OF CAUSE: Stephanie KHATTAR v. THE MINISTER
OF CITIZENSHIP AND IMMIGRATION
PLACE
OF HEARING: Montréal, Quebec
DATE
OF HEARING: June
4, 2012
REASONS
FOR ORDER
AND
ORDER: Pinard J.
DATED: June 7, 2012
APPEARANCES:
Stewart
Istvanffy FOR
THE APPLICANT
Angela
Joshi FOR
THE RESPONDENT
SOLICITORS
OF RECORD:
Stewart
Istvanffy FOR
THE APPLICANT
Montréal, Quebec
Myles J.
Kirvan FOR
THE RESPONDENT
Deputy
Attorney General of Canada
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