Paul v. Canada (Minister of Citizenship and Immigration), 2007 FC 398

JudgeShore, J.
CourtFederal Court (Canada)
Case DateApril 16, 2007
JurisdictionCanada (Federal)
Citations2007 FC 398;(2007), 310 F.T.R. 307 (FC)

Paul v. Can. (M.C.I.) (2007), 310 F.T.R. 307 (FC)

MLB headnote and full text

Temp. Cite: [2007] F.T.R. TBEd. AP.031

Doris Paul (applicant) v. The Minister of Citizenship and Immigration (respondent)

(IMM-1470-07; 2007 FC 398)

Indexed As: Paul v. Canada (Minister of Citizenship and Immigration)

Federal Court

Shore, J.

April 17, 2007.

Summary:

Paul moved for a stay of her removal to Grenada.

The Federal Court dismissed the motion.

Aliens - Topic 1800

Exclusion and expulsion - Deportation and exclusion of persons in Canada - Deportation or removal order - Stay of (incl. termination of stay) - Paul fled her native Grenada and sought refugee status in Canada on the ground that she had suffered domestic violence at the hands of her ex-partner - Her refugee claim was denied - She made a Pre-Removal Risk Assessment (PRRA) application, which was also denied - The PRRA officer acknowledged that domestic violence continued to be a problem in Grenada but concluded that Grenada was making serious efforts to deal with the problem - Paul appealed - A removal order issued against her - She moved for a stay of the removal order - The Federal Court dismissed the motion - Paul failed to raise a serious issue - A state was presumed capable of protecting its citizens and refugee claimants had to provide "clear and convincing confirmation" of the state's inability or unwillingness to protect them - Paul had not done so in this case - Moreover, if there was evidence upon which the tribunal could conclude that state protection was available to an applicant, the court should not intervene - In this case, there was evidence showing that Grenada was taking active steps in combating domestic violence - The PRRA officer's decision was supported by the evidence and there was no reviewable error - See paragraphs 9 to 22.

Aliens - Topic 1800

Exclusion and expulsion - Deportation and exclusion of persons in Canada - Deportation or removal order - Stay of (incl. termination of stay) - Paul fled her native Grenada and sought refugee status in Canada on the ground that she had suffered domestic violence at the hands of her ex-partner - Her refugee claim was denied - She made a Pre-Removal Risk Assessment (PRRA) application, which was also denied - The PRRA officer acknowledged that domestic violence continued to be a problem in Grenada but concluded that Grenada was making serious efforts to deal with the problem - Paul appealed - A removal order issued against her - She moved for a stay of the removal order - The Federal Court dismissed the motion - Paul failed to prove irreparable harm - Removing an applicant from Canada while his appeal of his negative PRRA was pending did not render his/her rights nugatory - It was clearly not the intent of Parliament to allow all negative PRRA recipients to remain in Canada, pending the outcome of any litigation related to their PRRA decisions - The possibility of mootness could not always equate to irreparable harm because every stay would then give rise to irreparable harm - This was certainly not the intention of Parliament, which specifically chose not to include outstanding PRRA litigation as a basis for a statutory stay - See paragraphs 23 to 37.

Cases Noticed:

Cupid v. Canada (Minister of Citizenship and Immigration), [2007] F.T.R. Uned. 104; 2007 FC 176, refd to. [para. 12].

Kadenko et al. v. Canada (Solliciteur général) (1996), 206 N.R. 272; 143 D.L.R.(4th) 532 (F.C.A.), leave to appeal refused (1997), 218 N.R. 80 (S.C.C.), refd to. [para. 13].

Ramkissoon v. Canada (Minister of Citizenship and Immigration), [2006] F.T.R. Uned. 641; 2006 FC 1071, refd to. [para. 14].

Canada (Minister of Citizenship and Immigration) v. Olah et al. (2002), 219 F.T.R. 152; 2002 FCT 595, refd to. [para. 16].

Danquah v. Canada (Minister of Citizenship and Immigration), [2003] F.T.R. Uned. 432; 2003 FCT 832, refd to. [para. 16].

Syed v. Canada (Minister of Citizenship and Immigration) (2000), 195 F.T.R. 39 (T.D.), refd to. [para. 17].

Zhuravlvev et al. v. Canada (Minister of Citizenship and Immigration), [2000] 4 F.C. 3; 187 F.T.R. 110 (T.D.), refd to. [para. 16].

Canada (Attorney General) v. Ward, [1993] 2 S.C.R. 689; 153 N.R. 321, refd to. [para. 17].

Adewumi v. Canada (Minister of Citizenship and Immigration), [2002] F.T.R. Uned. 151; 2002 FCT 258, refd to. [para. 17].

Jahan v. Canada (Minister of Citizenship and Immigration), [2000] F.T.R. Uned. 212 (T.D.), refd to. [para. 18].

Selliah et al. v. Canada (Minister of Citizenship and Immigration), [2004] N.R. Uned. 132 (F.C.A.), refd to. [para. 23].

El Ouardi v. Canada (Solicitor General) (2005), 332 N.R. 76; 2005 FCA 42, refd to. [para. 23].

Sivagnanansuntharam v. Canada (Minister of Citizenship and Immigration) (2004), 318 N.R. 317; 2004 FCA 70, refd to. [para. 23].

Tesoro v. Canada (Minister of Citizenship and Immigration) (2005), 334 N.R. 306; 2005 FCA 148, refd to. [para. 23].

Akyol v. Canada (Minister of Citizenship and Immigration), [2003] F.T.R. Uned. 503; 2003 FC 931, refd to. [para. 26].

Figurado v. Canada (Solicitor General) (2005), 262 F.T.R. 219; 2005 FC 347, refd to. [para. 26].

Kim v. Canada (Minister of Citizenship and Immigration), [2003] F.T.R. Uned. 201; 2003 FCT 321, refd to. [para. 26].

Ryan v. Canada (Minister of Citizenship and Immigration), [2001] F.T.R. Uned. 899; 2001 FCT 1413, refd to. [para. 26].

Nalliah v. Canada (Solicitor General) et al., [2005] 3 F.C.R. 210; 264 F.T.R. 148 (F.C.), refd to. [para. 27].

Salman v. Canada (Minister of Citizenship and Immigration), [2001] F.T.R. Uned. 307; 2001 FCT 507, refd to. [para. 36].

Tulina-Litvin et al. v. Canada (Minister of Public Safety and Emergency Preparedness), [2007] F.T.R. Uned. 87; 2007 FC 105, refd to. [para. 36].

Melo v. Canada (Minister of Citizenship and Immigration) (2000), 188 F.T.R. 39 (T.D.), refd to. [para. 37].

Counsel:

Melinda Anne Gayda, for the applicant;

Angela Marinos, for the respondent.

Solicitors of Record:

Melinda Anne Gayda, Toronto, Ontario, for the applicant;

John H. Sims, Q.C., Deputy Attorney General of Canada, Ottawa, Ontario, for the respondent.

This motion was heard on April 16, 2007, at Toronto, Ontario, by Shore, J., of the Federal Court, who delivered the following judgment on April 17, 2007.

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4 practice notes
  • Appu v. Canada (Minister of Public Safety and Emergency Preparedness) et al., 2010 FC 780
    • Canada
    • Federal Court (Canada)
    • July 22, 2010
    ...of Public Safety and Emergency Preparedness) , 2010 FC 562). [54] As stated in Paul v. Canada (Minister of Citizenship and Immigration) , 2007 FC 398, 157 A.C.W.S. (3d) 393: IRREPARABLE HARM [23] The Federal Court of Appeal has found, on several occasions, that the mere presence of a seriou......
  • Eid v. Canada (Minister of Citizenship and Immigration) et al., 2010 FC 639
    • Canada
    • Canada (Federal) Federal Court (Canada)
    • June 7, 2010
    ...379 N.R. 239 ; 167 A.C.W.S.(3d) 570 ; 2008 FCA 165 , refd to. [para. 93]. Paul v. Canada (Minister of Citizenship and Immigration) (2007), 310 F.T.R. 307; 2007 FC 398 , refd to. [para. Alba et al. v. Canada (Minister of Citizenship and Immigration), [2007] F.T.R. Uned. 745 ; 2007 FC 11......
  • Ellero v. Canada (Minister of Public Safety and Emergency Preparedness), 2008 FC 1364
    • Canada
    • Canada (Federal) Federal Court (Canada)
    • December 11, 2008
    ... (1993), 68 F.T.R. 140 ; 42 A.C.W.S.(3d) 480 (T.D.), refd to. [para. 38]. Paul v. Canada (Minister of Citizenship and Immigration) (2007), 310 F.T.R. 307; 2007 FC 398 , refd to. [para. 40]. Canada (Attorney General) v. Ward, [1993] 2 S.C.R. 689 ; 153 N.R. 321 , refd to. [para. 40]. Aky......
  • Dhurmu v. Canada (Minister of Public Safety and Emergency Preparedness), 2011 FC 511
    • Canada
    • Federal Court (Canada)
    • May 3, 2011
    ...not be followed (see Golubyev v Canada , 2007 FC 394 at paragraphs 19 to 22; Paul v Canada (Minister of Citizenship and Immigration) , 2007 FC 398). [23] Further, the respondent claims that the officer in the case at bar did not err in respect of her narrow discretion by assessing the risk,......
4 cases
  • Appu v. Canada (Minister of Public Safety and Emergency Preparedness) et al., 2010 FC 780
    • Canada
    • Federal Court (Canada)
    • July 22, 2010
    ...of Public Safety and Emergency Preparedness) , 2010 FC 562). [54] As stated in Paul v. Canada (Minister of Citizenship and Immigration) , 2007 FC 398, 157 A.C.W.S. (3d) 393: IRREPARABLE HARM [23] The Federal Court of Appeal has found, on several occasions, that the mere presence of a seriou......
  • Eid v. Canada (Minister of Citizenship and Immigration) et al., 2010 FC 639
    • Canada
    • Canada (Federal) Federal Court (Canada)
    • June 7, 2010
    ...379 N.R. 239 ; 167 A.C.W.S.(3d) 570 ; 2008 FCA 165 , refd to. [para. 93]. Paul v. Canada (Minister of Citizenship and Immigration) (2007), 310 F.T.R. 307; 2007 FC 398 , refd to. [para. Alba et al. v. Canada (Minister of Citizenship and Immigration), [2007] F.T.R. Uned. 745 ; 2007 FC 11......
  • Ellero v. Canada (Minister of Public Safety and Emergency Preparedness), 2008 FC 1364
    • Canada
    • Canada (Federal) Federal Court (Canada)
    • December 11, 2008
    ... (1993), 68 F.T.R. 140 ; 42 A.C.W.S.(3d) 480 (T.D.), refd to. [para. 38]. Paul v. Canada (Minister of Citizenship and Immigration) (2007), 310 F.T.R. 307; 2007 FC 398 , refd to. [para. 40]. Canada (Attorney General) v. Ward, [1993] 2 S.C.R. 689 ; 153 N.R. 321 , refd to. [para. 40]. Aky......
  • Dhurmu v. Canada (Minister of Public Safety and Emergency Preparedness), 2011 FC 511
    • Canada
    • Federal Court (Canada)
    • May 3, 2011
    ...not be followed (see Golubyev v Canada , 2007 FC 394 at paragraphs 19 to 22; Paul v Canada (Minister of Citizenship and Immigration) , 2007 FC 398). [23] Further, the respondent claims that the officer in the case at bar did not err in respect of her narrow discretion by assessing the risk,......

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