Mamoon v. Canada (Citizenship and Immigration), 2009 FC 578, Canada: Federal Court, 3 June 2009.

  • Category: Case Law
  • Source: National Authorities
  • Subject: Deportation,Asylum/Refugee,Discrimination,Gay,Homophobia,Homosexuality,Law/Legistation,Religion,Sexual Orientation,Violence
  • Place: Tanzania
  • Year: 2009
  • File: cases,CAN_FC,4a8a996f2.html
On Friday, May 22, 2009, a judge dismissed an application by Ebrahim Mohammed Mamoon to stay the execution of his removal, on May 24, 2009, to Tanzania. These are the reasons. 1) His stay application was grafted to two leave and judicial review applications from two decisions dated March 26, 2009, made by the same Immigration Officer:  a) The rejection of his application for permanent residence on humanitarian and compassionate grounds (the H&C application); and, b) The refusal of protection on the basis of a negative Pre-Removal Risk Assessment (PRRA) holding he would not be the subject of persecution, danger of torture, risk to life or risk of cruel and unusual treatment if returned to Tanzania. 2) The fear he expressed in the PRRA application was twofold: a) risks associated with his father’s political career as a member of the ruling party and as Deputy Mayor of the Ilala Municipal Council, in Tanzania’s capital of Dar es Salaam. Being the son of a prominent business and political family, he stated he and his family had been threatened by opposition members; and, b) he had become a homosexual in Canada and, as a Muslim, he would face the death penalty or be stoned if his mosque realized he was gay or had a relationship with a person of the same gender. 3) The Applicant and his brother Cassim arrived in Canada on October 10, 2005, both making refugee claims which were denied by the Refugee Protection Division (the RPD) on July 20, 2006. They had only asserted before the RPD their risk was based on perceived political opinion owing to their father’s prominence. The Applicant and his brother Cassim obtained leave but my colleague Justice Barnes upheld the RPD’s decision (see Mamoon v. Canada (Minister of Citizenship and Immigration, 2007 FC 794). That decision, nor the RPD decision was put before the judge.