Minhas v. Canada (Minister of Citizenship and Immigration), 2005 FC 943

                                                                                                                                   Date: 20050705

                                                                                                                        Docket: IMM-3809-05

                                                                                                                          Citation: 2005 FC 943

BETWEEN:

                                                   GURJINDER SINGH MINHAS

                                                                                                                                            Applicant

                                                                         - and -

                                               THE MINISTER OF CITIZENSHIP

                                                          AND IMMIGRATION

                                                                         - and -

                                             THE MINISTER OF PUBLIC SAFETY

                                            AND EMERGENCY PREPAREDNESS

                                                                                                                                      Respondents

UPON motion on behalf of the applicant to obtain a stay of execution of a removal order that can be effected immediately;

UPON reading the material before the Court;

AND UPON hearing counsel for the parties by telephone conference;

                                             REASONS FOR ORDER and ORDER

PINARD J.:

[1]         At the respondent's request the Minister of Public Safety and Emergency Preparedness has been added as a party to the proceedings. The applicant consented to this addition.

[2]         The applicant essentially disagrees with the Pre-removal Risk Assessment ("PRRA") Officer's assessment of the facts concerning the current conditions in India and his personal circumstances. However, there are very serious elements of proof which support the PRRA Officer's decision. In the context of a claimant who has previously been found not to be credible by the Immigration and Refugee Board, I conclude that the former has failed to show there is a serious issue in this matter and that he will suffer irreparable harm if he is returned to India. In that regard, I agree with the substance of paragraphs 17 to 42 inclusive of the Respondent's Written Representations contained in the Respondent's Motion Record.

[3]         In the circumstances, the balance of convenience is in favour of the respondents, as subsection 48(2) of the Immigration and Refugee Protection Act, S.C. 2001, c. 27, provides that a removal order must be enforced "as soon as reasonably practicable".

                                                                       ORDER

Consequently, the motion is dismissed.

       JUDGE

OTTAWA, ONTARIO

July 5, 2005

                                                               FEDERAL COURT

                                                       SOLICITORS OF RECORD

DOCKET:                                                        IMM-3809-05

STYLE OF CAUSE:                                         GURJINDER SINGH MINHAS v. THE MINISTER OF CITIZENSHIP AND IMMIGRATION and THE MINISTER OF PUBLIC SAFETY AND EMERGENCY PREPAREDNESS

HEARING BY TELECONFERENCE:             July 5, 2005

REASONS FOR ORDER BY:                         PINARD J.

DATED:                                                            July 5, 2005

APPEARANCES:

Mr. Stewart Istvanffy                                         FOR THE APPLICANT

Mr. François Joyal                                             FOR THE RESPONDENTS

SOLICITORS OF RECORD:

Stewart Istvanffy                                                FOR THE APPLICANT

Montréal, Quebec

John H. Sims, Q.C.                                           FOR THE RESPONDENTS

Deputy Attorney General of Canada