Dia v. Canada (Public Safety and Emergency Preparedness), 2007 FC 859

 

Date: 20070828

Docket: IMM-3415-07

Citation: 2007 FC 859  

Toronto, Ontario, August 28, 2007

PRESENT:     The Honourable Mr. Justice Harrington

 

BETWEEN:

RABECCA DIA

Applicant

 

and

 

 

THE MINISTER OF PUBLIC SAFETY AND EMERGENCY

PREPAREDNESS

 

Respondent

 

 

REASONS FOR ORDER AND ORDER

 

[1]               Ms. Dia left Zambia for Canada in 2003 to escape her drunken abusive polygamist husband.  Polygamy is legal in Zambia.

 

[2]               Her claim was rejected.  She was found not to be credible.

 

[3]               More recently she requested a Pre-Removal Risk Assessment (PRRA).  That assessment was negative.  She has filed an application for leave and judicial review.  In the meantime, she has been ordered to leave Canada later this week.  These reasons are given in dismissing her motion for a stay of that removal order.

 

[4]               She asserts that she is HIV positive and that she recently participated in a movie which was highly critical of Islamic polygamy in Zambia.  Since she did not hide her identity she believes this movie would come to the attention of both her husband and the Zambian authorities.

 

[5]               The officer did not specifically deal with HIV.   However, under section 97 of the Immigration and Refugee Protection Act, a risk caused by an inability of a country to provide adequate health or medical care does not constitute a risk to life or a risk of cruel and unusual treatment or punishment.  Furthermore, the record shows that HIV treatment is available in Zambia, particularly in urban areas.  She would be returning to Lusaka. 

 

[6]               As to the movie, the officer gave it short shrift.  He was entitled to do so.  Although the movie was new, the facts were not.  There is no evidence that she would be subject to risk of persecution by the authorities for speaking out against polygamy.       

 

ORDER

 

THIS COURT ORDERS that the motion for a stay of removal scheduled for the 31^st of August 2007 pending the application for leave and for judicial review of a negative risk assessment issued the 11^th of July 2007 is dismissed. 

“Sean Harrington”

FEDERAL COURT

 

NAMES OF COUNSEL AND SOLICITORS OF RECORD

 

 

DOCKET:                                         IMM-3415-07

 

STYLE OF CAUSE:                          RABECCA DIA v. THE MINISTER OF PUBLIC SAFETY AND EMERGENCY PREPAREDNESS                

 

PLACE OF HEARING:                    Toronto, Ontario

 

DATE OF HEARING:                      August 27, 2007

 

REASONS FOR ORDER

AND ORDER:                                   HARRINGTON J.

 

DATED:                                             AUGUST 28, 2007

 

 

 

APPEARANCES:

 

Inna Kogan                                                                  FOR THE APPLICANT

                                                                                   

Leanne Briscoe                                                 FOR THE RESPONDENT

 

 

 

SOLICITORS OF RECORD:

 

 

Inna Kogan                                                                 

Barrister & Solicitor

Toronto, Ontario                                                          FOR THE APPLICANT

 

John H. Sims, Q.C.                                                     

Deputy Attorney General of Canada

Toronto, Ontario                                                          FOR THE RESPONDENT