Federal Court Cour fédérale Date: 20100503 Docket: IMM-2326-10 Citation: 2010 FC 486 Toronto, Ontario , May 3, 2010 PRESENT: The Honourable Mr. Justice Shore BETWEEN: ABDULLAH MOHAMMED ALEZERI Applicant and THE MINISTER OF PUBLIC SAFETY AND EMERGENCY PREPAREDNESS Respondent REASONS FOR ORDER AND ORDER [ 1 ] Consideration having been given to the background of this motion for a stay of removal, the Court, further to analysis, is in agreement with the Respondent. [ 2 ] The Applicant has made various immigration applications in addition to applications for leave and judicial review.

Subsequent to a negative refugee decision, based on a negative credibility finding, a negative pre-removal risk assessment (PRRA) and a negative decision on humanitarian and compassionate grounds, his applications for leave and judicial review of these negative decisions were all dismissed by this Court. In addition, a second PRRA application, has since been submitted by the Applicant with, as yet, no decision. [ 3 ] The Applicant has brought the present underlying application for leave and judicial review of a refusal to defer before a decision was even made on his request, although it has since been made.

The date of departure has been set for May 6, 2010. [ 4 ] As no serious issue, nor irreparable harm has been demonstrated (in clear and non-speculative evidence) and as the balance of convenience favours the Respondent, this motion is dismissed as per the tripartite con junctive Toth test ( Toth v. Canada (Minister of Employment and Immigration) (1988), 302 F.C.A.).

ORDER THIS COURT ORDERS that this motion for a stay of removal be dismissed. Michel M.J. Shore Judge FEDERAL COURT SOLICITORS OF RECORD DOCKET: IMM-2326-10 STYLE OF CAUSE: ABDULLAH MOHAMMED ALEZERI v. THE MINISTER OF PUBLIC SAFETY AND EMERGENCY PREPAREDNESS PLACE OF HEARING: Toronto, Ontario DATE OF HEARING: May 3, 2010 REASONS FOR ORDER AND ORDER: SHORE J. DATED: May 3, 2010 APPEARANCES : D. Clifford Luyt FOR THE APPLICANT

Asha Gafar FOR THE RESPONDENT SOLICITORS OF RECORD : D. Clifford Luyt Barrister and Solicitor 160 Delaware Avenue Toronto, Ontario FOR THE APPLICANT Myles Kirvan Deputy Attorney General of Canada FOR THE RESPONDENT