2019 FC, 2019 FC 1062

Date: 20191104 Docket: IMM-1946-19 Citation: 2019 FC 1062 Ottawa, Ontario, November 4, 2019 PRESENT: The Honourable Mr.

Justice Shore BETWEEN: JEYLANI SHARIF MOWLANA Applicant and THE MINISTER OF CITIZENSHIP AND IMMIGRATION AND THE MINISTER OF PUBLIC SAFETY AND EMERGENCY PREPAREDNESS Respondents ORDER UPON motion on behalf of the Applicant for a stay of removal, scheduled for tomorrow, August 9, 2019, pending the determination ofan application for leave and judicial review of a Pre-removal Risk Assessment decision; AND UPON having read and considered the written submissions, as well as having heard the oral submissions of both parties; Subsequent to consideration of the tripartite conjunctive criteria of the Toth v Canada test (Toth v Canada (Minister of Employment andImmigration), (1988) (FCA), 86 NR 302 (FCA)); RECOGNIZING the consequences of the Applicant’s crime of absconding food stamps, worth $200,000 committed in 2004 and forwhich he was convicted in 2011 (food stamps used in his store by which customers did benefit as did he with exchanges for the foodstamps, in contravention of the food stamp scheme; the Applicant was sentenced to three years of probation and monthly restitution offood stamp value, which he made in monthly payments until his departure from the United States, when the Applicant was informed thathe will be removed to his country of origin, Somalia); all of which the Court weighed against the background of serious peril to theApplicant’s life and limb, if he is returned to his country of origin. (Reference is specifically made to the U.K.

Home Office Report of2017 in respect of Mogadishu in Somalia, also the Danish Immigration Service Report of 2017 in respect of returnees as well as theUNCR Report of June 14, 2016, also in regard of returnees.) CONSIDERING this is an exceptional case unto itself in regard to its context; ACKNOWLEDGING the potential of irreparable harm to life and limb of the Applicant as clearly demonstrated in stark potential in theobjective and subjective evidence when all country condition documentation is read in context with the subjective evidence of theApplicant on file; AND FURTHER RECOGNIZING that the family of the Applicant is in a refugee camp in Kenya, subsequent to fleeing peril; THUS, CONSIDERING that the balance of convenience favors the Applicant when analyzing the fulsome serious nature of theApplicant’s situation as to the jeopardy to his life, duly noting that his mother and sister were killed and his immediate family was forcedto flee to save their lives; all of which must be considered in context of the country conditions of his country of origin; THEREFORE, THIS COURT ORDERS that the stay be granted until the Court finally disposes of the pending application for leaveand judicial review. “Michel M.J.

Shore” Judge