Date: 20031022
Docket: IMM-1472-03
Citation: 2003 FC 1231
Toronto, Ontario, October 22nd, 2003
Present: The Honourable Mr. Justice Lemieux
BETWEEN:
IHSAN BABILLY
Applicant
and
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER AND ORDER
[1] The Applicant, a citizen of Syria, seeks a stay of his removal from Canada to Syria pending consideration and final determination by this Court of his application for leave and judicial review of the January 18th, 2003 decision made by the Immigration Officer Tang (the Immigration Officer) who dismissed his application for permanent residence on H & C grounds (the decision).
[2] The Applicant's leave application challenges the decision on the grounds the Immigration Officer erred in her consideration of the risk component of the H & C application by non-compliance with Citizenship and Immigration Canada's Manual which resulted in the Immigration Officer not referring the risk raised for evaluation by a Pre-Removal Risk Assessment Officer (PRRA Officer).
[3] Events have somewhat overtaken the Applicant's concerns because, concurrently with hearing of this stay motion, I heard an application by the Applicant in IMM-8077-03 for a stay of removal related to a decision of PRRA Officer Morgan dated August 8th, 2003 who had conducted a PRRA under the provisions of the new Immigration and Refugee Protection Act.
[4] Since I am issuing a stay in respect of PRRA Officer's decision in IMM-8077-03 there may be no useful purpose in considering issuing a stay in this file because the underlying leave application may be moot. In the circumstances, this issue should be addressed by the parties on the leave application. This stay application is adjourned for that purpose.
ORDER
THIS COURT ORDERS that this stay application is adjourned and may be brought back by the Applicant on two days notice. I remain seized of the matter.
"François Lemieux"
J.F.C.
FEDERAL COURT
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: IMM-1472-03
STYLE OF CAUSE: IHSAN BABILLY
Applicant
and
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
PLACE OF HEARING: TORONTO, ONTARIO
DATE OF HEARING: OCTOBER 20, 2003
REASONS FOR ORDER
AND ORDER BY: LEMIEUX J.
APPEARANCES: Ms. Robin L. Seligman
FOR APPLICANT
Ms. Leena Jaakkamainen
FOR RESPONDENT
SOLICITORS OF RECORD: Robin L. Seligman
Barrister & Solicitor
Toronto, Ontario
FOR APPLICANT
Morris Rosenberg
Deputy Attorney General of Canada
FOR RESPONDENT
FEDERAL COURT
Date: 20031022
Docket: IMM-1472-03
BETWEEN:
IHSAN BABILLY
Applicant
and
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER
AND ORDER