Date: 20060306

Docket: IMM-1200-06

Citation: 2006 FC 289

Montréal, Quebec, March 6, 2006

PRESENT: THE HONOURABLE MR. JUSTICE MARTINEAU

BETWEEN:

KIRIYATSKIY ALEXANDER

            Applicant

and

THE MINISTER OF CITIZENSHIP AND IMMIGRATION

Respondent

REASONS FOR ORDER AND ORDER

[1]               This is a motion brought forward outside the deadline to obtain a stay of execution of an order issued to the applicant on February 16, 2006, to come to a meeting to update his file for an eventual removal from Canada and to allow him to apply for a pre-removal risk assessment (PRRA), if applicable, before enforcement of the removal order by the Canadian authorities.

[2]               The applicant represents himself in these proceedings. It is clear that he does not fully understand the content of the notice dated February 16, 2006, or that he has the opportunity before the enforcement of any removal order to inform a PRRA officer that he should not be removed to Israel because of a threat to his life or the risk of cruel and unusual treatment in that country. Nothing is preventing the applicant from submitting a concurrent application to the respondent for exemption on humanitarian and compassionate grounds.

[3]               It must be understood that this Court is not sitting in appeal of Immigration and Refugee Board decisions and that this Court is not authorized under the Act to grant the applicant “convention refugee” status or to decide he is “a person in need of protection”.

[4]               The present motion for a stay is, by all considerations, premature. I am of the opinion that the applicant’s motion does not currently meet the three conditions for a stay to be granted, namely, the existence of a serious question to be tried, the demonstration of irreparable harm and the fact that the balance of convenience might favour the applicant.

ORDER

THE COURT ORDERS that the motion for a stay be dismissed, subject to the applicant’s right to file a new motion for a stay once a final decision is made concerning any PRRA (and/or humanitarian and compassionate grounds) application, and, if applicable, once the departure date for his removal from Canada has been specified.

“Luc Martineau”

Certified true translation

Gwen May

FEDERAL COURT

SOLICITORS OF RECORD

DOCKET:                                          IMM-1200-06

STYLE OF CAUSE:                          KIRIYATSKIY ALEXANDER

Applicant

and

THE MINISTER OF CITIZENSHIP

AND IMMIGRATION

Respondent

PLACE OF HEARING:                    Montréal, Quebec

DATE OF HEARING:                      March 6, 2006

REASONS FOR ORDER BY:         THE HONOURABLE MR. JUSTICE MARTINEAU

DATED:                                             March 6, 2006

APPEARANCES:

SOLICITORS OF RECORD: