Saturday, July 14, 2012

Siavoosh—stay of removal during hunger strike

Siavoosh v. Canada (Public Safety and Emergency Preparedness), 2012 FC 149 (CanLII)

Judge: Justice Shore; Date heard: February 3, 2012; Date decided: February 3, 2012; Counsel for Siavoosh:Robin L. Seligman; Counsel for Minister: Michael Butterfield;Place of Hearing: Ottawa, Ontario (by tele-conference)

The applicant was an Iranian national of Kurdish ethnicity and a practitioner of Sahaja Yoga [it is unclear from the decision what religion he professed, but risk due in part to religious beliefs was a factor in his fear of return].

The decision is brief and lacks detail, but Justice Shore granted a stay until Citizenship and Immigration Canada made a decision on a humanitarian and compassionate application and a second PRRA, and until the Court had decided on an application for judicial review of an officer’s refusal to defer removal.

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