Federal Court |
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Cour fédérale |
PRESENT: The Honourable Mr. Justice Shore
BETWEEN:
and
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
AND ORDER: SHORE J.
APPEARANCES:
D. Clifford Luyt
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Asha Gafar
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SOLICITORS OF RECORD:
D. Clifford Luyt Barrister and Solicitor 160 Delaware Avenue Toronto, Ontario
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Myles Kirvan Deputy Attorney General of Canada
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