Date: 20100503
Docket: IMM-2326-10
Citation: 2010 FC 486
Toronto, Ontario, May 3, 2010
PRESENT: The Honourable Mr. Justice Shore
BETWEEN:
ABDULLAH
MOHAMMED ALEZERI
Applicant
and
THE MINISTER OF PUBLIC SAFETY
AND EMERGENCY PREPAREDNESS
Respondent
REASONS FOR
ORDER AND ORDER
[1]
Consideration
having been given to the background of this motion for a stay of removal, the
Court, further to analysis, is in agreement with the Respondent.
[2]
The
Applicant has made various immigration applications in addition to applications
for leave and judicial review. Subsequent to a negative refugee decision, based
on a negative credibility finding, a negative pre-removal risk assessment
(PRRA) and a negative decision on humanitarian and compassionate grounds, his
applications for leave and judicial review of these negative decisions were all
dismissed by this Court. In addition, a second PRRA application, has since been
submitted by the Applicant with, as yet, no decision.
[3]
The
Applicant has brought the present underlying application for leave and judicial
review of a refusal to defer before a decision was even made on his request,
although it has since been made. The date of departure has been set for May 6,
2010.
[4]
As
no serious issue, nor irreparable harm has been demonstrated (in clear and
non-speculative evidence) and as the balance of convenience favours the
Respondent, this motion is dismissed as per the tripartite conjunctive Toth
test (Toth v. Canada (Minister of Employment and Immigration) (1988),
302 F.C.A.).
ORDER
THIS COURT ORDERS that this motion for a stay of
removal be dismissed.
“Michel M.J. Shore”
FEDERAL COURT
SOLICITORS OF RECORD
DOCKET: IMM-2326-10
STYLE OF CAUSE: ABDULLAH MOHAMMED ALEZERI v. THE
MINISTER OF PUBLIC SAFETY AND EMERGENCY PREPAREDNESS
PLACE OF
HEARING: Toronto, Ontario
DATE OF
HEARING: May
3, 2010
REASONS FOR ORDER
AND ORDER: SHORE J.
DATED: May
3, 2010
APPEARANCES:
|
D. Clifford
Luyt
|
FOR THE APPLICANT
|
|
Asha Gafar
|
FOR THE RESPONDENT
|
SOLICITORS
OF RECORD:
|
D. Clifford
Luyt
Barrister and
Solicitor
160 Delaware
Avenue
Toronto, Ontario
|
FOR THE APPLICANT
|
|
Myles Kirvan
Deputy
Attorney General of Canada
|
FOR THE RESPONDENT
|
Email this Content