Date: 19990118
Docket: IMM-219-99
BETWEEN:
JAGJIT SINGH CHANDOK
Applicant
AND:
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
REASONS FOR ORDER
THE ASSOCIATE CHIEF JUSTICE
[1] Mr. Chandok obtained a visitor"s visa for Canada and entered Canada on January 19, 1996 and remained in Canada after the expiration of his visa.
[2] On March 23, 1998, the Refugee Division rejected his claim, finding he was not credible and had not proved a subjective or objective fear of persecution.
[3] His application for leave and judicial review was dismissed.
[4] On December 8, 1998, he was notified that his departure was scheduled for January 18, 1999.
[5] His application for permanent residency and exemption on humanitarian grounds was denied on January 5, 1999.
[6] On January 14, 1999, his counsel filed a notice of motion to stay his deportation, having filed an application for leave and judicial review of the Minister"s decision.
[7] In attacking the Minister"s decision that there were not sufficient humanitarian grounds, Mr. Chandok relies on the same facts he had filed with the Refugee Division to justify his fear of persecution should he have to return to India, and he also cites the fact that his relatives reside in Canada and he has settled in Canada.
[8] The immigration officer noted his lack of credibility, considered his employment record in Canada, and took into account Mr. Chandok"s opinion concerning the risks of return.
[9] I am not persuaded that Mr. Chandok has raised a serious question within the meaning of the case law. The fact that other members of his family have been accepted as refugees by the Refugee Division is not indicative of an error in his case.
[10] Nothing new is alleged by him in terms of harm. He essentially repeats the same allegations that the Refugee Division had before it. The Refugee Division ruled that his fear of persecution was not well-founded.
[11] In these circumstances, the balance of convenience favours the application of the Act.
[12] The application for a stay is dismissed.
| John D. Richard |
| Associate Chief Justice |
MONTRÉAL, QUEBEC
January 18, 1999
Certified true translation
Bernard Olivier
FEDERAL COURT OF CANADA
TRIAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
| FILE NO: IMM-219-998 |
| STYLE: JAGJIT SINGH CHANDOK |
Applicant
| AND: |
| THE MINISTER OF CITIZENSHIP |
| AND IMMIGRATION |
Respondent
| PLACE OF HEARING: Montréal, Quebec |
| DATE OF HEARING: January 18, 1999 |
REASONS FOR ORDER BY THE ASSOCIATE CHIEF JUSTICE:
| DATED: January 18, 1999 |
APPEARANCES:
Michelle Langelier for the applicant
Josée Paquin for the respondent
SOLICITORS OF RECORD:
Michelle Langelier for the applicant
Montréal, Quebec
Morris Rosenberg for the respondent
Deputy Attorney General
of Canada
Federal Department
of Justice
Federal Court of Canada
Date: 19990118
Docket: IMM-219-99
Between:
JAGJIT SINGH CHANDOK
Applicant
AND
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
REASONS FOR ORDER