Barre v. Canada ( Minister of Citizenship and Immigration )
IMM-3467-98
Teitelbaum J.
29/7/98
15 pp.
Judicial review of removal officer's decision to remove applicant to Somalia-Applicant, citizen of Somalia, landed in Canada as Convention refugee in 1990-On July 19, 1996 convicted of possession of weapon for purpose dangerous to public peace, and threatening death or bodily harm to person-Subject of report under Immigration Act, s. 27-Notified of possible issuance of Minister's opinion pursuant to ss. 70(5), 53(1)(d)-Invited to forward any representations, information or evidence regarding risk upon return to country from which sought refuge that could outweigh any danger might present-In 1997 Minister's delegate determined applicant constituted danger to Canadian public-In coming to such conclusion, Minister's delegate considering report containing detailed risk assessment, concluding danger to Canadian society outweighing any danger applicant may face upon return to Somalia-In 1998 deportation order issued-Applicant not contesting validity of deportation order-On application for order staying execution of deportation order, applicant must show (1) serious issue to be tried; (2) irreparable harm if order executed; (3) balance of convenience favouring applicant: Toth v. Canada (Minister of Employment and Immigration) (1988), 6 Imm. L.R. (2nd) 123 (F.C.A.)-Application dismissed-Applicant not showing serious issue to be tried, balance of convenience not favouring immediate execution of deportation order-In setting out submission on serious issue requirement, applicant relying entirely on Farhadi v. Canada (Minister of Citizenship and Immigration), [1998] 3 F.C. 315 (T.D.)-Farhadi distinguishable as danger opinion process therein not amounting to risk assessment, whereas detailed risk assessment herein-While satisfied risk assessment must be made before individual like applicant returned to country of origin, Teitelbaum J. not accepting proposition as stated in Farhadi applicant entitled to risk assessment, determination apart from danger certification-As given risk assessment in accordance with fairness, natural justice, applicant failed to show serious issue to be tried-In considering balance of convenience, prime consideration not risk to applicant if returned to country of citizenship, but risk to Canada, Canadian citizens-Considering type of crime committed, how affecting individual Canadian, balance of convenience not favouring applicant-That applicant subject to risk, irreparable harm, not sufficient reasons to stay removal-Immigration Act, R.S.C., 1985, c. I-2, ss. 27 (as am. by R.S.C., 1985 (3rd Supp.), c. 30, s. 4; S.C. 1992, c. 47, s. 78; c. 49, s. 16; 1995, c. 15, s. 5), 53(1)(d) (as am. idem, s. 12), 70(5) (as am. idem, s. 13).