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Ahmed v. Canada

Case Name:

Ahmed v. Canada
(Minister of Citizenship and Immigration)

Between Aitzaz Ahmad, Shagufta Aitzaz, Hassan Aitzaz, Afaq Ahmad, Farrakh Aitzaz and Fatima Aitzaz, applicants and, The Minister of Citizenship and Immigration and The Minister of Public Safety and Emergency Preparedness, respondents

Date: 20061031
Docket: IMM-4981-06

Federal Court
Toronto, Ontario
Kelen J..

Counsel:

Max Berger, for the applicant.
Robert Bafaro, for the respondent.

Amended Order

Upon motion dated 11th day of October 2006, on behalf of the applicants for an Order:

  1. To stay the removal of the applicants scheduled for October 31, 2006

And upon the Court concluding that the low threshold for a serious issue has been met:

The issue is whether the PRRA officer making this decision focused on personalized risk to the applicants which was not a basis of the H&C application, and did not adequately consider the degree of the applicants’ establishment in Canada. However the Court notes the applicants’ investments in Canada were only made after their refugee claims were denied, and these last minute investments by the applicants were reasonably found by the H&C decision maker to not constitute hardship;

And upon the Court concluding that the applicants have shown irreparable harm in presenting three Federal Court cases where the loss of a business was held to be irreparable harm;

This Court Orders that

  1. The removal of the applicants is stayed until this Court determines this application for leave and judicial review of the H&C decision.

Michael A. Kelen

Judge


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