2012 FC, 2012 FC 1006

Date: 20120820 Docket: IMM-6589-12 Citation: 2012 FC 1006 Ottawa, Ontario, August 20, 2012 PRESENT: The Honourable Mr. Justice Shore BETWEEN: CHANG WOO LIM, KYUNGSUN BAE,HYELOK JUN LIM Applicants and THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent REASONS FOR ORDER AND ORDER [1] The Applicants seek a stay of removal scheduled for Wednesday, August 29, 2012. Their stay application is linked to theirleave application in respect of a negative Pre-Removal Risk Assessment [PRRA]. [2] The Applicants, a couple with their son, are in Canada since 2005.

The Refugee Protection Division of the Immigration andRefugee Board [IRB] denied their claim. It found that state protection is available to them in their country of origin.

The Federal Courtdenied leave on the basis of the IRB decision, itself. [3] The Federal Court of Appeal in a recent 2011 decision has specified that the mootness of a PRRA application cannot serve asa basis for irreparable harm (Canada (Minister of Public Safety and Emergency Preparedness) v Shpati, 2011 FCA 286). [4] As is recognized, the conjunctive tripartite test of the Toth v Canada (Minister of Employment and Immigration) (1988), (FCA), 86 NR 302 (FCA) decision must be fully satisfied for a stay to be granted. If only one of the three criteria isunmet, no stay is to be granted.

In this case, all three criteria have not been met. As a result, the stay of removal, on the basis of thePRRA application, is dismissed. ORDER

THIS COURT ORDERS that the Applicants’ stay removal application be dismissed. “Michel M.J. Shore” Judge FEDERAL COURT SOLICITORS OF RECORD DOCKET: IMM-6589-12 STYLE OF CAUSE: CHANG WOO LIM, KYUNGSUN BAE, HYEOK JUN LIM v THE MINISTER OF CITIZENSHIP AND IMMIGRATION MOTION HELD VIA TELECONFERENCE ON AUGUST 20, 2012 FROM OTTAWA, ONTARIO AND TORONTO, ONTARIO REASONS FOR ORDER AND ORDER : SHORE J. DATED: August 20, 2012 APPEARANCES : Wennie Lee FOR THE APPLICANTS Amy King FOR THE RESPONDENT SOLICITORS OF RECORD : Lee & Company Toronto, Ontario FOR THE APPLICANTS

Myles J. Kirvan Deputy Attorney General of Canada Toronto, Ontario FOR THE RESPONDENT