Date: 19980506
Docket: IMM-1654-98
BETWEEN:
IBRAHIM AHMED OSMAN,
Applicant,
- and -
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION,
Respondent.
REASONS FOR ORDER
MCKEOWN J.
[1] The applicant seeks a stay of deportation order whereby the applicant is scheduled to be removed April 20 or 21, 1998, to Ethiopia.
[2] On the question of a serious issue to be tried, my view is that there is some evidence to support the Minister's view that the applicant is a danger to the public. By Section 53 of the Immigration Act, Parliament has permitted the Minister to bypass the safeguards set out therein. Furthermore, the Immigration Appeal Division has already dismissed the appeal of the removal order. In my view, there is no serious issue to be tried.
[3] However, even more importantly, the applicant has not met the onus on him to show irreparable harm. The Minister conducted a removal risk consideration and considered the possible danger to the applicant if he should return to Ethiopia. The Minister reviewed the change in conditions in Ethiopia since the time the applicant left and, in particular, referred to the 1996 Amnesty International report in reaching her decision. It is not for this Court to reweigh the factors. Parliament has assigned the task of making the risk assessment to the Minister. Thus, the applicant has not shown any irreparable harm.
[4] With respect to the balance of convenience, in light of my findings on serious issue and irreparable harm, the balance of convenience is in favour of the Minister. Furthermore, the Minister is entrusted with the public interest to enforce immigration laws and, in particular, deportation orders where the person is a danger to the public.
[5] The application for a stay is dismissed.
W.P. McKeown
JUDGE
OTTAWA, Ontario
May 6, 1998.
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