Date: 20040602
Docket: IMM-4724-04
Citation: 2004 FC 801
Toronto, Ontario, June 2nd, 2004
Present: The Honourable Mr. Justice Rouleau
BETWEEN:
ELIZABETH DE JESUS AUGUSTO
Applicant
and
THE SOLICITOR GENERAL OF CANADA
Respondent
REASONS FOR ORDER AND ORDER
[1] The applicant, a citizen of Angola is at risk if returned. Her mother worked for the police in Luanda. In April 2000 she was suspected of stealing documents from work, was suspended and eventually jailed. After a few visits by the applicant, in December her mother was transferred to another prison and she has not had any contact since.
[2] The P.R.A.A. officer's view of the country conditions support a finding that human rights are not respected in Angola.
[3] The applicant filed in her P.R.A.A. application a notification from the National Division of Criminal Jurisdiction issued December 3, and forwarded to her by a friend. Nevertheless, the officer determined that she saw no reason why she would not be given a pardon upon return since the stolen documents would probably no longer be of any interest to the police. Without supporting this finding with any evidence or rationale, I find this determination to be purely speculative. There is a serious issue. The respondent submits that in this case the applicant would be removed to the U.S. and that the jurisprudence suggests that unless there is evidence to the contrary it is speculative that this applicant would be removed by the U.S. to Angola. Counsel for the applicant filed an affidavit in support which was sworn by an immigration counsel practising in the city of Buffalo, New York who works with detainees at the Buffalo Federal Detention Facility at Batavia, New York. His experience with such cases is that they are usually detained in a local jail until transferred to Immigration Detention Centres; she would not be allowed to apply for asylum because she would not have applied within the year of her arrival; - time spent in Canada is included in the calculation of the time period. This applicant has been in Canada more than two years. I am satisfied she would be removed by U.S. authorities to Angola and would not qualify for asylum.
[4] She meets the irreparable harm test. The balance of convenience favours the applicant.
THIS COURT ORDERS that
The removal of the applicant from Canada is stayed until her underlying application for leave and judicial review is finally disposed of.
"Paul Rouleau"
J.F.C.
FEDERAL COURT
Name of Counsel and Solicitors of Record
DOCKET: IMM-4724-04
STYLE OF CAUSE: ELIZABETH DE JESUS AUGUSTO
Applicant
and
THE MINISTER OF CITIZENSHIP AND
IMMIGRATION
Respondent
DATE OF HEARING: MAY 31, 2004
PLACE OF HEARING: TORONTO, ONTARIO
REASONS FOR ORDER
AND ORDER BY: ROULEAU J.
DATED: JUNE 2, 2004
APPEARANCES BY:
Mr. Jack C. Martin
FOR THE APPLICANT
Mr. Aviva Basman
FOR THE RESPONDENT
SOLICITORS OF RECORD:
Mr. Jack C. Martin
Barrister & Solicitor
Toronto, Ontario
FOR THE APPLICANT
Morris Rosenberg
Deputy Attorney General of Canada
FOR THE RESPONDENT
FEDERAL COURT
Date: 20040602
Docket: IMM-4727-04
BETWEEN:
ELIZABETH DE JESUS AUGUSTO
Applicant
and
THE MINISTER OF CITIZENSHIP AND
IMMIGRATION
Respondent
REASONS FOR ORDER AND ORDER
Email this Content