Date: 20011126
Docket: IMM-5236-01
Neutral citation: 2001 FCT 1292
Montréal, Quebec, November 26, 2001
Before: Lemieux J.
BETWEEN:
LOUIS PIERRE GONZAGUE
alias Jean David Bozor
Applicant
and
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
Motion by the applicant for a stay of execution of a removal order which became enforceable on August 27, 2001 and will be put into effect at 7:00 a.m. on December 8, 2001.
REASONS FOR ORDER AND ORDER
[1] This motion is dismissed with costs for two reasons.
[2] First, a stay requires the exercise of a discretionary power which will be denied by the Court if the applicant does not have clean hands, which is the case. The applicant is a person who claimed refugee status in Canada under a false identity and deliberately misled the Refugee Division by giving it false information.
[3] Second, the balance of convenience favours the respondent. I adopt Ms. Doyon's arguments set out in paras. 40 to 48 of her written submissions.
[4] However, the applicant may file another application for a statutory stay based on s. 50 of the Immigration Act.
|
François Lemieux Judge |
Certified true translation
Suzanne M. Gauthier, LL.L. Trad. a.
FEDERAL COURT OF CANADA
TRIAL DIVISION
Date: 20011126
Docket: IMM-5236-01
Between:
LOUIS PIERRE GONZAGUE
alias Jean David Bozor
Applicant
and
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
REASONS FOR ORDER AND ORDER
FEDERAL COURT OF CANADA
TRIAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
FILE: IMM-5236-01
STYLE OF CAUSE:
LOUIS PIERRE GONZAGUE
alias Jean David Bozor
Applicant
and
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
PLACE OF HEARING: Montréal, Quebec
DATE OF HEARING: November 26, 2001
REASONS FOR ORDER AND ORDER BY: LEMIEUX J.
DATED: November 26, 2001
APPEARANCES:
|
Paul Frechette |
FOR THE APPLICANT |
|
Caroline Doyon |
FOR THE RESPONDENT |
SOLICITORS OF RECORD:
|
Paul Fréchette Montréal, Quebec |
FOR THE APPLICANT |
|
Morris Rosenberg Deputy Attorney General of Canada Montréal, Quebec |
FOR THE RESPONDENT |