Date: 20050705
Docket: IMM-3754-05
Citation: 2005 FC 940
BETWEEN:
Christian Narcisse DIMOUAMOUA
Applicant
-and-
MINISTER OF PUBLIC SAFETY
AND EMERGENCY PREPAREDNESS
-and-
MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondents
REASONS FOR ORDER AND ORDER
PINARD J.
[1] The applicant is challenging only the assessment of the facts by the pre-removal risk assessment officer (the PRRA officer) regarding his application for a visa exemption based on humanitarian and compassionate grounds. On that point, the applicant failed to establish the existence of a serious question. In fact, I do not see anything in the PRRA officer=s analysis that would suggest that a determinative error was made.
[2] Considering that assessment of the facts by the PRRA officer, the applicant still did not succeed in establishing that he would suffer irreparable harm if he were to be removed to Cameroon. Moreover, his allegations on that point are substantially the same as the ones raised when his claim was before the Immigration and Refugee Board. His allegations B then assessed and dismissed because they were not credible B cannot be the basis of an allegation of irreparable harm (see, for example, Akyol v. The Minister of Citizenship and Immigration, 2003 FC 931).
[3] In the circumstances, the balance of convenience favours the respondents who, under subsection 48(2) of the Immigration and Refugee Protection Act, are obliged to proceed with the applicant=s removal Aas soon as is reasonably practicable@.
ORDER
Accordingly, the motion for stay is dismissed.
AYvon Pinard@
Judge
OTTAWA, ONTARIO
July 5, 2005
Certified true translation
Kelley Harvey, BCL, LLB
FEDERAL COURT
SOLICITORS OF RECORD
DOCKET: IMM-3754-05
STYLE OF CAUSE: Christian Narcisse DIMOUAMOUA v. MINISTER OF PUBLIC SAFETY AND EMERGENCY PREPAREDNESS and MINISTER OF CITIZENSHIP AND IMMIGRATION
HEARING BY TELECONFERENCE: July 4, 2005
REASONS FOR ORDER: Pinard J.
DATE OF REASONS: July 5, 2005
APPEARANCES:
Sébastien Dubois FOR THE APPLICANT
Marie-Claude Demers FOR THE RESPONDENTS
SOLICITORS OF RECORD:
Saint-Pierre Grenier FOR THE APPLICANT
Montréal, Quebec
John H. Sims, Q.C. FOR THE RESPONDENTS
Deputy Attorney General of Canada