Liew v. Canada (Public Safety and Emergency Preparedness), 2009 FC 205

Date: 20090226

Docket: IMM-5242-08

Citation: 2009 FC 205

Ottawa, Ontario, February 26, 2009

PRESENT:     The Honourable Mr. Justice Phelan

BETWEEN:

TEE MENG LIEW

Applicant

and

THE MINISTER OF PUBLIC SAFETY

AND EMERGENCY PREPAREDNESS

Respondent

REASONS FOR ORDER AND ORDER

[1]               This motion seeks relief in the nature of declaration and injunction to obtain a finding that a diplomatic note issued by Malaysia does not contain sufficient assurances against the possibility that Mr. Liew would be tortured and/or executed if found guilty in Malaysia.

[2]               The motion arises against the background of a PRRA which is before the Minister and of a Leave for Judicial Review seeking to mandamus ordering the granting of a favourable PRRA decision.

[3]               The Court has dismissed the Leave for Judicial Review. The Court notes that the submissions made show good reason for a contempt show cause against the Applicant and counsel regarding the comments directed at Justice Zinn and his decision. This Order is notice to the Applicant and counsel that further comments of a like nature directed against this Court or a judge of this Court could lead to show cause proceedings.

[4]               As to the current motion, it is premature. The issue of the Malaysian government’s assurance are before the PRRA officer. The officer is required to issue a decision in a reasonable time. It is only upon receipt of the decision that one would know if the Applicant’s speculation is a reality.

[5]               Therefore, this motion is dismissed. As this motion is within the context of an immigration proceeding, no costs will be awarded.

ORDER

THIS COURT ORDERS that the motion is dismissed. No costs are awarded.

“Michael L. Phelan”

FEDERAL COURT

SOLICITORS OF RECORD

DOCKET:                                          IMM-5242-08

STYLE OF CAUSE:                          TEE MENG LIEW

                                                            and

                                                            THE MINISTER OF PUBLIC SAFETY AND EMERGENCY PREPAREDNESS

MOTION IN WRITING CONSIDERED AT OTTAWA, ONTARIO, PURSUANT TO RULE 369

REASONS FOR ORDER

AND ORDER:                                   Phelan J.

DATED:                                             February 26, 2009

WRITTEN REPRESENTATIONS BY:

SOLICITORS OF RECORD: