Federal Court Decisions

Date: 19971202

Docket: IMM-3569-97

BETWEEN:

     JAIME CUNANAN ANTONIO

     Applicant

     - and -

     THE MINISTER OF CITIZENSHIP AND IMMIGRATION

     Respondent

     REASONS FOR ORDER

ROULEAU, J.

[1]      This was an application for a stay of the Deportation Order made by an Adjudicator of the Immigration Refugee Board on August 15, 1997 which was to take effect November 14, 1997, pending the determination of the Application for Leave and Judicial Review in this matter.

[2]      This applicant arrived in Canada some time during 1991 and on June 1, 1993 the Immigration and Refugee Board held that he was excluded from the protection of the Convention Refugee Division due to his involvement in terrorist activities while a resident of his country of birth, the Philippines, participating in assassinations.

[3]      Shortly after his arrival, this claimant had filed an application under section 114 seeking admission on humanitarian and compassionate grounds which was denied. No appeal to this denial was ever launched. Following the refusal both under the H & C and the determination of the Refugee Division he submitted an affidavit denying that he participated in these murders while in the Philippines. As a result, a post-determination refugee claim was entertained by an Adjudicator which took place in 1996 and was conducted over a period of five days commencing in July and terminating in November of 1996. A decision was rendered on August 15, 1997, wherein the Adjudicator concluded "After considering all the information and evidence in this case I am not convinced that the Antonios would face an objectively identifiable risk, which risk would apply to every part of that country and would not be faced by other individuals in or from that country". Following the decision, the applicant submitted another application under section 114 seeking admission on humanitarian and compassionate grounds; not yet determined.

[4]      A review of the decision rendered by the Refugee Division of June 3, 1993 reveals that they found him to be credible and accepted his assertion that he had been involved in four murders while a member of the New People's Army. Hence the denial by the Refugee Board.

[5]      He at not time indicated that he wished to seek judicial review of the PDRCC decision and is now seeking to have the Deportation Order stayed pending the determination of the section 114 application.

[6]      In his application for stay the applicant repeats that though he was a member of the New People's Army he never did kill anyone; that he is convinced that the Government would not protect him and that he may be at risk and could be assassinated by his former compatriots of the New People's Army. The evidence of the enquiry reveals that he was disbelieved by the officer; he also refers to the fact that if the New People's Army is still active, it is seeking retribution against high profile Filipinos and certainly not someone of this applicant's status or standing within the movement.

[7]      There was no merit to this application and I did not grant the stay.

[8]      In applying the test to this case, there may be a serious issue but I am not satisfied that irreparable harm would come to this applicant and the balance of convenience certainly favours the Minister of Citizenship and Immigration who has a statutory obligation to pursue and deport individuals who have been determined by the Refugee Board to be excluded from the protection of the Convention definition under article 1(f); a thorough and exhaustive enquiry has been conducted and having made no dissimilar finding, I could not see any justification in granting the stay.

     JUDGE

OTTAWA, Ontario

December 2, 1997