Federal Court Decisions

Date: 20060717

Docket: IMM-3843-06

Citation: 2006 FC 888

Toronto, Ontario, July 17, 2006

PRESENT:      The Honourable Mr. Justice Shore

BETWEEN:

JOESALIN CASTRO AQUINO

Applicant

and

THE MINISTER FOR PUBLIC SAFETY

AND EMERGENCY PREPAREDNESS

Respondent

REASONS FOR ORDER AND ORDER

[1]                The Applicant has lived in Canada for more than five years. She entered Canada on February 24, 2001 as a visitor. Her status expired on October 19, 2001, but she remained in Canada until now without any authorization.

[2]                The Applicant has brought before the Court a motion to stay the execution of a Removal Order pending outcome of her Humanitarian and Compassionate application, having already had a negative assessment of a Pre-Removal Risk Assessment application prior to that which the applicant never challenged.

[3]                A warrant for the Applicant's arrest was issued after she failed to report to the authorities. This warrant was executed on January 20, 2003. On that day, the Applicant made a claim to be a Convention Refugee.

[4]                Even if the Court were to assume that the application raises a serious issue to be tried, the Applicant has failed to adduce sufficient evidence to establish that she would suffer irreparable harm by reason of her deportation to the Philippines.

[5]                In the circumstances, her application must be dismissed.

ORDER

THIS COURT ORDERS that the application for a stay of removal be dismissed.

"Michel M.J. Shore"

FEDERAL COURT

NAMES OF COUNSEL AND SOLICITORS OF RECORD

DOCKET:                                           IMM-3843-06

STYLE OF CAUSE:                           JOESALIN CASTRO AQUINO

v. THE MINISTER FOR PUBLIC SAFETY

AND EMERGENCY PREPAREDNESS

PLACE OF HEARING:                     Toronto, Ontario

DATE OF HEARING:                       July 17, 2006

REASONS FOR ORDER

AND ORDER:                                    SHORE J.

DATED:                                              July 17, 2006

APPEARANCES:

Alesha A. Green	FOR THE APPLICANT
Angela Marinos	FOR THE RESPONDENT

SOLICITORS OF RECORD:

GREEN, WILLARD LLP Barristers & Solicitors Toronto, Ontario	FOR THE APPLICANT
JOHN H. SIMS, Q.C. Deputy Attorney General of Canada	FOR THE RESPONDENT