Date: 20030121
Docket: IMM-6601-02
Neutral citation: 2003 FCT 55
BETWEEN:
JAROSLAVA METLICKOVA,
JIRI METLICKA and
MICHAL METLICKA
Applicants
- and -
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
[1] This is an application for a stay of a deportation order which is to be executed January 23, 2003.
[2] The applicants, a mother and her two sons, arrived in Canada in August 1997 and claimed refugee protection. The Immigration and Refugee Board heard their application on April 17, 1998, and a negative decision was rendered on November 12, 1998.
[3] The Board determined that their testimonies were not credible and that there was no evidence available to support their allegations that they would be subjected to persecution if returned to their native Czech Republic. Their claim was based on their association with people of Roma background, though they themselves are not part of their group nor does their physical appearance suggest that they would be mistaken for Romas.
[4] No application was filed for judicial review of the determination by the Tribunal.
[5] They filed a PPDRC application which was converted into a PRA in light of the Immigration and Refugee Protection Act which came into force in June 2002. A letter advising them to make submissions concerning their Pre-Removal Risk Assessment (PRA) was forwarded and an officer of Citizenship and Immigration Canada rendered a decision on October 31, 2002. As a result, their Conditional Departure Order became a deportation order effective as of that date. It was determined that they would not be subject to risk of persecution, torture or risk to life if returned to their country of nationality.
[6] An application for leave and judicial review of the PRA decision has been filed with the Court.
[7] No new evidence was offered by the applicants during their stay application. They repeated the same allegations of prejudice which were raised before the Refugee Board in 1998; this was determined to be not credible.
[8] The officer who evaluated their PRA application was satisfied that there was no unusual risk to their well-being if returned to the Czech Republic and was satisfied that the state could provide adequate protection if called upon to do so.
[9] The arguments advanced by the applicants with respect to the PRA decision were without merit; as a result no serious issue was established. The balance of convenience, as well as irreparable harm, favour the Minister executing his statutory duty.
[10] The application for a stay of the deportation order is hereby dismissed.
(Sgd.) "P. Rouleau"
Judge
Vancouver, B.C.
January 21, 2003
FEDERAL COURT OF CANADA
TRIAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: IMM-6601-02
STYLE OF CAUSE: JAROSLAVA METLICKOVA, JIRI METLICKA
and MICHAL METLICKA v. MCI
PLACE OF HEARING: Vancouver, B.C.
DATE OF HEARING: January 20, 2003
REASONS FOR ORDER: Rouleau J.
DATED: January 21, 2003
APPEARANCES:
Mr. Jiri Metlicka on his own behalf
Mr. Ilya Dnebosky (interpreter)
Mr. Keith Reimer for Respondent
SOLICITORS OF RECORD:
Mr. Jiri Metlicka on his own behalf
Morris Rosenberg for Respondent
Deputy Attorney General of Canada