IMM-4685-96
BETWEEN:
ROBERT AMOS
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER
CULLEN, J.:
Having had the opportunity to read the whole file it is clear there is no basis for an application for stay.
On two previous occasions the applicant has been the subject of deportation orders that were valid and on both occasions he was deported. Canadian immigration law requires that a person who has been deported cannot return to Canada unless he/she has received the approval of the Minister. That did not happen and I have no jurisdiction to re-hear or hear any application for stay.
Muldoon J. in an ex parte Order was unaware of these earlier deportation orders. Also, the respondent had no opportunities to be heard. I expect his temporary delay of the deportation orders was based on the supportive letter and comments of the applicant's wife and maybe, just maybe the season of the year.
However, Muldoon J.'s Order inter alia reads:
| (b) "he institutes proper proceedings for a stay of deportation in the Court; and |
| (c) if he makes a proper application for a stay prior to January 10, next, the stay granted hereby shall endure until the judicial disposition of that application, and will of course be determined by that judicial determination. |
| [underlining is mine] |
It is clear the applicant has not followed a "proper proceeding" nor made a proper application for stay in light of the fact that no permission was secured from the Minister for either deportation. I do not have jurisdiction at this stage to even consider a stay application, let alone make an Order for stay.
Accordingly, this application for stay is dismissed.
OTTAWA
January 16, 1997
J.F.C.C.
FEDERAL COURT OF CANADA TRIAL DIVISION
NAMES OF SOLICITORS AND SOLICITORS ON THE RECORD
COURT FILE NO.: IMM-4685-96
STYLE OF CAUSE: Robert Amos v. The Minister of Citizenship and Immigration
TELECONFERENCE
BETWEEN: Ottawa, Toronto and London
DATE OF
TELECONFERENCE: January 13, 1997
REASONS FOR ORDER OF THE HONOURABLE MR. JUSTICE CULLEN
DATED: January 16, 1997
APPEARANCES:
Mr. Terry Guerreiro FOR THE APPLICANT
Ms. Marissa Bielski FOR THE RESPONDENT
SOLICITORS ON THE RECORD:
Mr. Terry Guerreiro FOR THE APPLICANT London, Ontario
Mr. George Thomson FOR THE RESPONDENT Deputy Attorney General of Canada