Canadian Council for Refugees v. Canada
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Canadian Council for Refugees v. Canada Court (s) Database Federal Court Decisions Date 2007-04-11 Neutral citation 2007 FC 375 File numbers IMM-7818-05 Decision Content Date: 20070411 Docket: IMM-7818-05 Citation: 2007 FC 375 Ottawa, Ontario, April 11, 2007 PRESENT: The Honourable Mr. Justice Phelan BETWEEN: CANADIAN COUNCIL FOR REFUGEES, CANADIAN COUNCIL OF CHURCHES, AMNESTY INTERNATIONAL, and JOHN DOE Applicants and HER MAJESTY THE QUEEN Respondent REASONS FOR ORDER AND ORDER [1] During the course of argument on this judicial review, counsel for John Doe sought an order in effect enjoining the Respondent from returning him to the United States should he be able to reach the U.S.-Canada border. John Doe had been arrested and there was some suggestion that U.S. authorities might allow him to come to the Canadian border, rather than deporting him to his home country. [2] A temporary interim order was issued conditional on John Doe attempting to re-open his case for asylum in the United States because of concern that he had not exhausted his rights in the United States. [3] The U.S. authorities are now considering his case and he has been released from custody. The underlying basis for the Court’s Order has changed and there is no evidence that the original injunction request is necessary at this time. [4] As such, the Applicant’s motion is dismissed without prejudice to filing for further or even similar relief if such circumstances warrant. ORDER IT IS ORDERED THAT the Appli…
Full judgment (source text)
Mirrored from decisions.fct-cf.gc.ca — the linked original is authoritative.
Canadian Council for Refugees v. Canada Court (s) Database Federal Court Decisions Date 2007-04-11 Neutral citation 2007 FC 375 File numbers IMM-7818-05 Decision Content Date: 20070411 Docket: IMM-7818-05 Citation: 2007 FC 375 Ottawa, Ontario, April 11, 2007 PRESENT: The Honourable Mr. Justice Phelan BETWEEN: CANADIAN COUNCIL FOR REFUGEES, CANADIAN COUNCIL OF CHURCHES, AMNESTY INTERNATIONAL, and JOHN DOE Applicants and HER MAJESTY THE QUEEN Respondent REASONS FOR ORDER AND ORDER [1] During the course of argument on this judicial review, counsel for John Doe sought an order in effect enjoining the Respondent from returning him to the United States should he be able to reach the U.S.-Canada border. John Doe had been arrested and there was some suggestion that U.S. authorities might allow him to come to the Canadian border, rather than deporting him to his home country. [2] A temporary interim order was issued conditional on John Doe attempting to re-open his case for asylum in the United States because of concern that he had not exhausted his rights in the United States. [3] The U.S. authorities are now considering his case and he has been released from custody. The underlying basis for the Court’s Order has changed and there is no evidence that the original injunction request is necessary at this time. [4] As such, the Applicant’s motion is dismissed without prejudice to filing for further or even similar relief if such circumstances warrant. ORDER IT IS ORDERED THAT the Applicant’s motion is dismissed without prejudice to filing for further or even similar relief if such circumstances warrant. “Michael L. Phelan” Judge FEDERAL COURT NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: IMM-7818-05 STYLE OF CAUSE: CANADIAN COUNCIL FOR REFUGEES, CANADIAN COUNCIL OF CHURCHES, AMNESTY INTERNATIONAL and JOHN DOE and HER MAJESTY THE QUEEN PLACE OF HEARING: Toronto, Ontario DATE OF HEARING: February 5 and 6, 2007 REASONS FOR ORDER AND ORDER: Phelan J. DATED: April 11, 2007 APPEARANCES: Ms. Barbara Jackman Mr. Andrew Brouwer Ms. Leigh Salsberg FOR THE APPLICANTS, CANADIAN COUNCIL FOR REFUGEES, CANADIAN COUNCIL OF CHURCHES and JOHN DOE Mr. Lorne Waldman FOR THE APPLICANT, AMNESTY INTERNATIONAL Mr. David Lucas Mr. François Joyal Mr. Greg George Ms. Matina Karvellas FOR THE RESPONDENT SOLICITORS OF RECORD: JACKMAN & ASSOCIATES Barristers & Solicitors Toronto, Ontario FOR THE APPLICANTS, CANADIAN COUNCIL FOR REFUGEES, CANADIAN COUNCIL OF CHURCHES and JOHN DOE WALDMAN & ASSOCIATES Barristers & Solicitors Toronto, Ontario FOR THE APPLICANT, AMNESTY INTERNATIONAL MR. JOHN H. SIMS, Q.C. Deputy Attorney General of Canada Toronto, Ontario FOR THE RESPONDENT
Source: decisions.fct-cf.gc.ca
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