Lamah v. Canada (Minister of Citizenship and Immigration), 2003 FC 1332

Date: 20031112

Docket: IMM-8530-03

Citation: 2003 FC 1332

BETWEEN:

                                                      FOROMO ÉMILE LAMAH

                                                                                                                                            Applicant

                                                                           and

                                               THE MINISTER OF CITIZENSHIP

                                                          AND IMMIGRATION

                                                                                                                                        Respondent

                                                        REASONS FOR ORDER

PINARD J.

[1]                This is a motion for stay of a removal order issued against the applicant that challenges the decision of the pre-removal risk assessment (PRRA) officer, Hélène Dostie, dated September 29, 2003, refusing him protection in Canada. The applicant had been denied refugee status previously because his application was not found to be credible. The requested stay is denied for the following reasons:

1-         The applicant has not managed to establish the existence of a serious question, as his application for leave to file an application for judicial review rests entirely on a question of assessment of facts by the pre-removal risk assessment officer. As no palpable and overriding error has been demonstrated in this respect and, to the contrary, it appears that the decision at issue, a well-reasoned decision, is based on serious evidence in the record, the applicant has not persuaded me that he is able to discharge the heavy burden of showing that the impugned decision is patently unreasonable, i.e. clearly irrational.

2-        The repression referred to by the applicant should he return to Guinea proves to be rather speculative. Otherwise, the applicant testifies only of disadvantages, with no danger to his life or safety. He has not, therefore, shown the existence of irreparable harm within the meaning of the caselaw.

3-        In view of these circumstances, the balance of convenience favours the Minister of Citizenship and Immigration who, under subsection 48(2) of the Immigration and Refugee Protection Act, has the obligation to remove quickly persons who are not authorized to remain in Canada.

[2]         Consequently, the motion for a stay is dismissed.

     "Yvon Pinard"     

          Judge       

Montréal, Quebec

November 12, 2003

Certified true translation

Kelley A. Harvey, BA, BCL, LLB

                                                             FEDERAL COURT

                                                      SOLICITORS OF RECORD

DOCKET:                                               IMM-8530-03

STYLE OF CAUSE:                               FOROMO ÉMILE LAMAH

                                                                                                                                            Applicant

and

THE MINISTER OF CITIZENSHIP

AND IMMIGRATION

                                                                                                                                        Respondent

PLACE OF HEARING:                         Montréal, Quebec

DATE OF HEARING:                           November 10, 2003

REASONS FOR ORDER:                   THE HONOURABLE MR. JUSTICE PINARD

DATE OF REASONS:                           November 12, 2003

APPEARANCES:

Foromo Émile Lamah                                FOR THE APPLICANT

Steve Bell                                                 FOR THE RESPONDENT

SOLICITORS OF RECORD:

Morris Rosenberg                                     FOR THE RESPONDENT

Deputy Attorney General of Canada

Montréal, Quebec