ABBAS, KHAWAJA HASSAN Applicant v. THE MINISTER OF PUBLIC SAFETY AND EMERGENCY PREPAREDNESS, 2018 FC 103

Date: 20180130 Docket: IMM-330-18 Citation: 2018 FC 103 Vancouver, British Columbia, January 30, 2018 PRESENT: The Honourable Mr. Justice Zinn BETWEEN:ABBAS, KHAWAJA HASSANApplicantandTHE MINISTER OF PUBLIC SAFETY AND EMERGENCY PREPAREDNESSRespondent ORDER AND REASONS [1] Mr.

Abbas seeks an order staying the execution of his deportation to Pakistan, currently scheduled for Sunday, February 4, 2018. [2] The decision that underlies this motion is the application for leave and judicial review "“of the decision made on or about January22, 2018, by the Respondent wherein the request to defer Applicant’s removal from Canada was denied.”" The Respondent refers to thisas the Second Deferral Refusal. [3] Mr. Abbas entered Canada with his family from the U.S.A. on February 17, 2009, and made a claim for refugee status.

In thatclaim, he reported that he belonged to the Muhajir Qaumi Movement Altaf Group [MQM-A]. As a result of that membership, onDecember 21, 2011, Mr. Abbas was reported inadmissible to Canada for security reasons under

section 34 of the Immigration andRefugee Protection Act, SC 2001, c 27. On March 16, 2016, the Immigration Division issued a deportation order against Mr. Abbaspursuant to paragraph 34(1)(

f) of the Act [the Deportation Order]. An application to judicially review the Deportation Order wasdismissed on June 28, 2016. [4] On March 23, 2015, Mr. Abbas made an application for permanent resident status in Canada as a dependent based on his wife’sapplication for permanent residence as a protected person. On December 9, 2016, his application was denied because of hisinadmissibility status. [5] Mr. Abbas then made an application for Ministerial relief in respect to his inadmissibility status. That application remainsoutstanding. [6] On March 1, 2017, Mr.

Abbas was offered a Pre-Removal Risk Assessment [PRRA]. A negative decision was rendered onSeptember 8, 2017. I reviewed the application for leave and judicial review [IMM-4394-17] on January 29, 2018, and advised theparties at the hearing of this motion that leave will be granted. [7] On January 17, 2018, Mr. Abbas made his first request for a deferral of his removal from Canada. He asked that it be delayed for 4weeks so he could sell his business. It was also mentioned in that request that he had outstanding the request for Ministerial exemptionand his wife’s spousal application.

That request was refused. [8] The second request for deferral was based on the outstanding application for leave and judicial review of the PRRA decision, andthat he had requested that the Ministerial relief application be expedited. [9] Given the nature of the underlying decision, in order to obtain a stay of removal, Mr.

Abbas must establish to my satisfaction that aserious issue is raised in the underlying application, that he is likely to suffer irreparable harm between now and the date the underlyingapplication is disposed of if the stay is not granted, and that the balance of convenience rests with him: Toth v Canada (Minister ofEmployment and Immigration), (1998) (FCA), 86 NR 302 (FCA). All three of these components must be met.

Because the underlying decision is a refusal to defer removal, the serious issue must be assessed on a higher threshold as stated by thisCourt in Wang v Canada (Minister of Citizenship and Immigration), 2001 FCT 148 , [2001] 3 FC 682, and approved by theFederal Court of Appeal in Baron v Canada (Minister of Public Safety and Emergency Preparedness), 2009 FCA 81.

Having read theparties’ written submissions and heard their oral submissions, I find that this applicant has not met the test on this motion. [10] All of the issues raised in the material filed in support of the motion relate to matters other than the actual decision under review. Itis that decision that gives the basis for the motion and it is alleged errors in that decision alone that are relevant to the question of seriousissue. For this reason alone, this motion must be dismissed. ORDER THIS COURT ORDERS that the motion for a stay is dismissed. "Russel W. Zinn" Judge

FEDERAL COURT SOLICITORS OF RECORD DOCKET: IMM-330-18 STYLE OF CAUSE: ABBAS, KHAWAJA HASSAN v THE MINISTER OF PUBLIC SAFETY AND EMERGENCY PREPAREDNESS PLACE OF HEARING: Vancouver, British Columbia DATE OF HEARING: January 30, 2018 ORDER AND REASONS: ZINN J. DATED: January 30, 2018 APPEARANCES : Ghulam Murtaza For The Applicant Brendan Ward For The Respondent SOLICITORS OF RECORD : GMS Law Corporation Barristers & Solicitors Vancouver, British Columbia For The Applicant Attorney General of Canada Vancouver, British Columbia For The Respondent