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Date: 20060228

Docket: IMM-1016-06

Citation: 2006 FC 263

Ottawa, Ontario, February 28, 2006

PRESENT:      The Honourable Mr. Justice Barnes

BETWEEN:

MOHAMMAD USMAN

Applicant

and

THE MINISTER OF PUBLIC SAFETY

AND EMERGENCY PREPAREDNESS

and THE MINISTER OF CITIZENSHIP

AND IMMIGRATION

Respondents

REASONS FOR ORDER AND ORDER

[1]                The Applicant seeks a stay of a removal order pending the determination of his judicial review application from a negative pre-removal risk assessment (PRRA).

[2]                I am required to apply the principles from Toth v. Canada (1998), 86 NR 302 in the exercise of my discretion to stay the removal order. I must, of course, be satisfied of three factors before ordering a stay:

              1.        That there is a serious issue to be tried;

              2.        That the Applicant will suffer irreparable harm; and

              3.        That the balance of convenience favours the Applicant.

         

[3]                Here the Applicant takes issue with the treatment by the officer of two letters he submitted. One letter dated July 4, 2004 came from a lawyer who referred to the Applicant's political activity and the risk of possible arrest upon a return to Pakistan. The second undated letter was sent by the Applicant's father and reported that the family was being harassed by government agencies ostensibly because of the Applicant's prior political activity. The officer gave little weight to these letters and alluded to the likelihood that they were not genuine. The officer also rejected the letters because he found they were "self-serving and vague" and that the contents were not in harmony with the objective evidence he had reviewed regarding the current political situation in Pakistan. The Applicant argues that the officer's expressed doubt about the authenticity of the letters was perverse because there was no objective evidence to support that conclusion.

[4]                The problem for the Applicant is that the removal officer attributed very little weight to the letters for a number of reasons. He did not limit his concern to the single issue of authenticity. At the heart of the officer's decision is a conclusion that the Applicant did not fit a political profile which would have placed him at risk in Pakistan. This was a reasonable conclusion to draw on the evidence before the officer.

[5]                The PRRA officer's decision contains a very comprehensive review of the earlier Refugee Protection Division decision which also rejected the Applicant's claim to be at risk. The officer also canvassed a considerable volume of extrinsic evidence about the human rights situation in Pakistan. In the end, he found nothing of consequence to connect the Applicant to the general risk conditions in that country.

[6]                In the result, I do not find that the Applicant has established a serious issue arising from the PRRA decision.

[7]                There was also nothing contained in the record to establish that the Applicant would suffer irreparable harm if he was ultimately returned to Pakistan from the United States.

[8]                The Applicant's claim to be at personal risk has now been rejected on two occasions and the balance of convenience now favours the Respondent.


ORDER

THIS COURT ORDERS that this application for a stay of deportation is dismissed.

                                                                                                " R. L. Barnes "

                                                                                                          Judge


FEDERAL COURT

NAME OF COUNSEL AND SOLICITORS OF RECORD

DOCKET:                                           IMM-1016-06

STYLE OF CAUSE:                           MOHAMMAD USMAN

                                                           

                                                                                                                                              Applicant

                                                            -and-

            MINISTER OF PUBLIC SAFETY AND                                

                                                            EMERGENCY PREPAREDNESS and

MINISTER OF CITIZENSHIP AND IMMIGRATION          

                                                           

                                                                                                                                         Respondents

PLACE OF HEARING:                     TORONTO, ONTARIO

DATE OF HEARING:                       FEBRUARY 27, 2006

REASONS FOR ORDER

AND ORDER:                                    THE HONOURABLE MR JUSTICE BARNES

DATED:                                              February 28, 2006

APPEARANCES:                                             

Jack C. Martin                                                                          FOR THE APPLICANT

                                                                           Deborah Drukarsh                             FOR THE RESPONDENT

SOLICITORS OF RECORD:                         

Jack C. Martin

Barrister and Solicitor

Toronto, ON                                                                             FOR THE APPLICANTS

                                                                           John H. Sims, Q.C.

                                                                           Deputy Attorney General of Canada                           FOR THE RESPONDENT

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