Date: 20050708
Dockets: IMM-2706-05
IMM-3770-05
Citation: 2005 FC 957
BETWEEN:
ALMOCTAR AMADOU BOUBACAR
Applicant
-and-
MINISTER OF CITIZENSHIP
AND IMMIGRATION
AND MINISTER OF PUBLIC SAFETY
AND EMERGENCY PREPAREDNESS
Respondents
UPON the motion to stay the removal order;
IN VIEW OF the documents before the Court;
IN VIEW OF the arguments before the Court by teleconference on this date;
REASONS FOR ORDER AND ORDER
PINARD J.
[1] For the purposes of this motion, considering the apparently incomplete evidence filed by the respondents, I am satisfied that there is a serious question relating to the applicant's right to make a refugee claim, given the Official Languages Act and the failure to grant an interview, in the circumstances, by the pre-removal risk assessment officer.
[2] I am also satisfied, at this stage, that there is a risk to the safety and the life of the applicant, clearly irreparable harm, if he were to return to Niger.
[3] In the circumstances, the balance of convenience is definitely in favour of the applicant.
ORDER
Accordingly, the motion is granted and the removal order is stayed pending the decisions on the applications for leave and, if applicable, the applications for judicial review in these two dockets.
"Yvon Pinard"
JUDGE
OTTAWA, ONTARIO
July 8, 2005
Certified true translation
Kelley A. Harvey, BCL, LLB
FEDERAL COURT
SOLICITORS OF RECORD
DOCKETS : IMM-2706-05
IMM-3770-05
STYLE OF CAUSE: ALMOCTAR AMADOU BOUBACAR v. MINISTER OF CITIZENSHIP AND IMMIGRATION AND MINISTER OF PUBLIC SAFETY AND EMERGENCY PREPAREDNESS
HEARING BY TELECONFERENCE : July 8, 2005
REASONS FOR ORDER: Pinard J.
DATE OF REASONS: July 8, 2005
APPEARANCES:
Jacques Roy FOR THE APPLICANT
David Tyndale FOR THE RESPONDENTS
SOLICITORS OF RECORD:
Services d'aide juridique
du Centre francophone de Toronto FOR THE APPLICANT
Toronto, Ontario
John H. Sims, Q.C. FOR THE RESPONDENTS
Deputy Attorney General of Canada