Date: 20010208
Docket: IMM-6444-00
Neutral citation: 2001 FCT 42
BETWEEN:
ABDUL WAHAB SHEESU
Applicant
AND:
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
Upon motion on behalf of the Applicant for leave to proceed on short notice and for a stay of execution of a removal order made against payment.
REASONS FOR ORDER
PINARD J.
| [1] Leave to proceed on short notice is granted. The objection by the respondent to the admissibility, at this stage, of the psychological evaluation of the applicant is upheld on the ground that this evidence could and should have been placed before the Post-claim and humanitarian grounds officer who denied the applicant's application under subsection 114(2) of the Immigration Act. |
| [2] Assuming without deciding that there is a serious issue, the requested stay of the removal of the applicant from Canada to Liberia is denied on the ground that no irreparable harm has been established. In my view, it was reasonable for the Post-claim and humanitarian grounds officer to consider that the applicant had been found not to be credible by the Refugee Board and that this Court refused leave to judicially review this decision. In that context, considering the documentary evidence, which establishes the improvement of the situation in Liberia, coupled with the absence of serious evidence establishing a personal fear of severe sanctions to the applicant himself, I fully agree with the respondent that the applicant has not shown that any irreparable harm would befall him should he return to Liberia. |
| [3] Under such circumstances, considering the statutory obligation upon the Minister of Citizenship and Immigration to execute a removal order as soon as reasonably practicable (section 48 of the Immigration Act), I find that public interest tips the balance of convenience in favour of the respondent. |
| [4] Consequently, the motion is dismissed. |
"Yvon Pinard"
Judge
Montreal, Quebec
February 8, 2001
FEDERAL COURT OF CANADA
TRIAL DIVISION
Date: 20010208
Docket: IMM-6444-00
BETWEEN:
ABDUL WAHAB SHEESU
Applicant
AND:
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
REASONS FOR ORDER
FEDERAL COURT OF CANADA
TRIAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: IMM-6444-00
STYLE OF CAUSE:
ABDUL WAHAB SHEESU
Applicant
AND:
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
PLACE OF HEARING: Montreal, Quebec
DATE OF HEARING: February 5, 2001
REASONS FOR ORDER OF THE HONOURABLE MR. JUSTICE PINARD
DATED: February 8, 2001
APPEARANCES:
Stewart Istvanffy FOR THE APPLICANT
Pascale-Catherine Guay FOR THE RESPONDENT
SOLICITORS OF RECORD:
Stewart Istvanffy FOR THE APPLICANT
Montreal, Quebec
Morris Rosenberg FOR THE RESPONDENT
Deputy Attorney General of Canada
Montreal, Quebec