CITIZENSHIP AND IMMIGRATION |
Exclusion and Removal |
Removal of Refugees |
Murugappah v. Canada (Minister of Citizenship and Immigration)
IMM-3218-00
Pelletier J.
30/6/00
9 pp.
Application for stay of removal order until decision on application for leave and judicial review of removal officer's decision refusing to defer removal after risk assessment report by Post-Convention Determination Officer (PCDO) concluding applicant would not be at risk if returned to Columbo, Sri Lanka--Prospect of removal making applicant suicidal--Since then, CRDD has decided Colombo no longer internal flight alternative (IFA) for northern Tamils--Application allowed--Procedural issue: affidavit in support of application deposed by applicant's counsel's associate--Case law to effect counsel should not appear in such case: Shipdock Amsterdam B.V. v. Cast Group Inc., [2000] F.C.J. No. 295 (T.D.) (QL)--Herein, possible for counsel to put evidence before Court through unrelated witness, and adjournment granted for that purpose--Test for issuance of stay serious issue, irreparable harm, balance of convenience--Serious issue whether application of contextual analysis in Haghighi v. Canada (Minister of Citizenship and Immigration), [2000] 4 F.C. 407 (C.A.) will result in conclusion removal officer bound to share with counsel PCDO's opinion as to risk of return to Sri Lanka--CRDD's position Colombo no longer IFA for northern Tamils, meaning applicant will be persecuted upon return to Sri Lanka, sufficient to satisfy requirement of irreparable harm--Balance of convenience favouring applicant given unsettled state of affairs in Sri Lanka and presence of applicant's remaining family in Canada--Stay granted notwithstanding fact applicant failed to pursue any avenue of redress for more than 3 years--Court exercising equitable discretion to grant stay in view of applicant's emotional condition and serious risk of persecution in Sri Lanka.