Date: 20000928
Docket: IMM-4853-00
MONTRÉAL, QUEBEC, THE 28th DAY OF SEPTEMBER 2000
PRESENT: THE HONOURABLE MR. JUSTICE NADON
BETWEEN: SULTANA, Sharmin
Applicant
AND
MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
This is a motion by the applicant for a stay of execution of the removal order set for September 26, 2000.
ORDER AND REASONS FOR ORDER
The motion is dismissed because the applicant has not satisfied me that a serious issue exists. Furthermore, the applicant has not established that she would suffer irreparable harm if her motion were not granted. In Hussain v. M.C.I. (IMM-5423-99, decision dated May 31, 2000), I wrote the following at pages 4 and 5 of my reasons:
With respect to the additional documents adduced in support of the H & C application, they did not satisfy me that the Applicants would be tortured upon their return to Pakistan. As a result, I was not satisfied that irreparable harm would occur.
I should note that before Mr. St. Vincent on their H & C application, the Applicants proceeded on the basis that Mr. Hussain was a member of the MQM, notwithstanding the clear findings made by the Refugee Board and by the PDRCC Officer to the contrary. The Applicants seem to be of the view that if they continue to add documents to the record, the credibility findings of the Refugee Board are somehow going to be "reversed" or "forgotten". In my view, that is a mistaken view because the officer who hears an H & C application does not sit in appeal or review of either the Refugee Board or the PDRCC Officer's decision. Thus, on the H & C application, Mr. St. Vincent could not proceed on the basis that Mr. Hussain was an MQM member, given the Refugee Board's findings in that respect. In short, the purpose of the H & C application is not to re-argue the facts which were originally before the Refugee Board, or to do indirectly what cannot be done directly - i.e., contest the findings of the Refugee Board.
MARC NADON
Judge
Certified true translation
John Arrayet
FEDERAL COURT OF CANADA
TRIAL DIVISION
Date: 20000928
Docket: IMM-4853-00
BETWEEN:
SULTANA, Sharmin
Applicant
AND
MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
ORDER AND REASONS FOR ORDER
FEDERAL COURT OF CANADA
TRIAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
COURT FILE NO.: IMM-4853-00
STYLE OF CAUSE: SULTANA, Sharmin
PLACE OF HEARING: Montréal, Quebec
DATE OF HEARING: September 25, 2000
REASONS FOR ORDER OF the Honourable Mr. Justice NADON
DATED: September 28, 2000
APPEARANCES:
Paul Fréchette FOR THE APPLICANT
Marie-Claude Demers FOR THE RESPONDENT
SOLICITORS OF RECORD:
Paul Fréchette FOR THE APPLICANT
Morris Rosenberg FOR THE RESPONDENT
Deputy Attorney General of Canada
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