Date: 20040127
Docket: IMM-432-03
Citation: 2004 FC 129
Ottawa, Ontario, January 27, 2004
PRESENT: THE HONOURABLE MR. JUSTICE BEAUDRY
BETWEEN:
ALON BAR a.k.a. LUDWIG FAINBERG
Applicant
and
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
REASONS FOR ORDER AND ORDER
[1] This is a motion for the stay of execution of a removal order that becomes effective on January 28, 2004, at 6:00 p.m. The applicant urges this Court to grant him a stay so that he will not be sent back to Israël while awaiting the final disposition of his application for reconsideration by the Minister of the opinion that there is a danger to public safety, and also his application for reconsideration of the decision made by the Honourable Mr. Justice Noël, dismissing his application for leave and for judicial review.
[2] In order to be successful, the applicant must show that there is a serious issue to be tried, that he could suffer irreparable harm and that the balance of convenience favours him (Toth v. Canada (Minister of Employment and Immigration) (1988), 6 Imm. L.R. (2d) 123 (F.C.A.).
[3] Having heard the parties and reviewed the documents that were filed, I have not been persuaded by the applicant with respect to the second element, i.e. that of an irreparable harm.
[4] In this case, the applicant has not persuaded me that he is wanted, or that he risks persecution, by the Israeli authorities. The allegations in his affidavit on this subject are vague and unclear. It would also be speculative to say that he risks torture.
[5] The alleged personal inconveniences, for him as well as for his wife and daughter, do not satisfy the notion of irreparable harm in Toth, supra. I therefore do not have to analyze the first prerequisite, namely the existence of a serious issue to be tried.
[6] Given the circumstances of this case, I am of the opinion that the balance of convenience favours the respondent (subsection 48(2) of the Immigration and Refugee Protection Act, S.C. 2001, c. 27).
ORDER
Accordingly, THE COURT ORDERS that the motion be dismissed.
"Michel Beaudry"
Judge
Certified true translation
Kelley A. Harvey, BA, BCL, LLB
FEDERAL COURT
SOLICITORS OF RECORD
DOCKET: IMM-432-03
STYLE OF CAUSE: ALON BAR a.k.a. LUDWIG FAINBERG
v.
THE MINISTER OF CITIZENSHIP AND
IMMIGRATION
PLACE OF HEARING: OTTAWA, ONTARIO, by teleconference
DATE OF HEARING: JANUARY 27, 2004
REASONS FOR ORDER
AND ORDER: BEAUDRY J.
DATE OF REASONS: JANUARY 27, 2004
APPEARANCES:
Rolland Carrier
and Jeannine Landry FOR THE APPLICANT
Michel Pépin FOR THE RESPONDENT
SOLICITORS OF RECORD:
Jeannine Landry FOR THE APPLICANT
Montréal, Quebec
Morris Rosenberg FOR THE RESPONDENT
Deputy Attorney General
of Canada
Montréal, Quebec