Muhammad Akbar v. Canada

Counsel:

Max Berger, for the applicant.
Manuel Mendelzon, for the respondent.

ORDER

UPON MOTION dated the 23rd day of December, 2008, on behalf of the Applicant, for:

1. an order to stay the removal of the Applicant.

AND UPON reading the written material filed by the parties

AND UPON hearing Counsel for the parties by teleconference

AND UPON determining that the Applicant has met the low threshold with respect to serious issue as to the underlying PRRA decision which improperly rejected the Shah affidavit or, alternatively, overlooked the new evidence which it provided and that the PRRA officer referenced outdated 2006 country condition information and should have had regard to 2008 information

AND UPON determining that the Applicant has sufficiently demonstrated irreparable harm and balance of convenience

THIS COURT ORDERS that:

1. The motion is granted.
2. The removal of the Applicant from Canada is stayed until final disposition of his application for leave and for judicial review of the PRRA decision and, if leave is granted until final disposition of the application if removal is then required.
3. No order as to costs.

Roger T. Hughes

Judge