CITIZENSHIP AND IMMIGRATION |
Immigration Practice |
Keller v. Canada (Minister of Citizenship and Immigration)
IMM-6833-03
2003 FC 1063, Layden-Stevenson J.
16/9/03
3 pp.
Applicant requests stay of deportation to Ukraine pending determination of application for leave for judicial review of negative decision of Pre-Removal Risk Assessment (PRRA) officer dated August 20, 2003--Applicant, Ukraine citizen, claimed refugee status on basis of Romani ethnicity-- Application refused because applicant failed to establish ethnic identity--PRRA officer made two determinations-- First relating to identity and second relating to state protection--In relation to first determination, officer found insufficient evidence of ethnic identity--Weighing of evidence is for PPRA officer--No serious issue exists in this respect--Regarding second determination, officer, notwithstanding that she was not persuaded applicant was Rom, approached matter as if applicant were and concluded state protection available--In that respect, officer did consider applicant's personal situation in light of documentary evidence--After cogent and comprehensive review and analysis of documentary evidence and applicant's specific allegations, officer concluded state protection available--No serious issue arising from conclusion--Applicant failed to establish existence of serious issue--Motion dismissed.