Federal Court Decisions

Decision Information

Regalado Regalado v. Canada (Public Safety and Emergency Preparedness)

Court (s) Database Federal Court Decisions
Date 2012-05-02
Neutral citation 2012 FC 509
File numbers IMM-4068-12

Decision Content

 

Date: 20120502

Docket: IMM-4068-12

Citation: 2012 FC 509

[UNREVISED ENGLISH CERTIFIED TRANSLATION]

 

Ottawa, Ontario, May 2, 2012

PRESENT: The Honourable Mr. Justice Shore

 

BETWEEN:

 

JOSE EMMANUEL REGALADO REGALADO,

 

 

 

Applicant

 

and

 

 

 

THE MINISTER OF PUBLIC SAFETY AND EMERGENCY PREPAREDNESS

 

 

 

Respondent

 

 

 

 

 

           REASONS FOR ORDER AND ORDER

 

[1]               The applicant failed to appear for removal.

 

[2]               His failure to appear is sufficient in itself to dismiss this motion for a stay.

 

[3]               The Court is using its discretion to refuse to hear this motion for a stay. The applicant has had several opportunities to assert his rights.

 

[4]               Therefore, the applicant does not have clean hands. This Court does not exercise equitable jurisdiction toward the applicant and, thus, his motion for a stay of removal is dismissed (Mohar v Canada (Minister of Citizenship and Immigration), 2005 FC 952).

 

ORDER

 

THE COURT ORDERS that the application for a stay of the removal order against the applicant be dismissed.

 

 

"Michel M.J. Shore"

Judge

 

Certified true translation

Catherine Jones, Translator

 

FEDERAL COURT

 

SOLICITORS OF RECORD

 

 

DOCKET:                                         IMM-4068-12

 

STYLE OF CAUSE:                        JOSE EMMANUEL REGALADO REGALADO

v THE MINISTER OF PUBLIC SAFETY AND EMERGENCY PREPAREDNESS

 

 

MOTION IN WRITING CONSIDERED AT OTTAWA, ONTARIO PURSUANT TO RULE 369

 

 

REASONS FOR ORDER

AND ORDER:                                  MR. JUSTICE SHORE

 

DATED:                                            May 2, 2012

 

 

 

WRITTEN REPRESENTATIONS BY:

 

Lucrece M. Joseph

 

FOR THE APPLICANT

 

Suzanne Trudel

FOR THE RESPONDENT

 

SOLICITORS OF RECORD:

 

Lucrece M. Joseph, Counsel

Montréal, Quebec

FOR THE APPLICANT

 

 

Myles J. Kirvan

Deputy Attorney General of Canada

Montréal, Quebec

FOR THE RESPONDENT

 

 

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