Louis v. Canada (Minister of Citizenship and Immigration)
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Louis v. Canada (Minister of Citizenship and Immigration) Court (s) Database Federal Court Decisions Date 2001-11-26 Neutral citation 2001 FCT 1292 File numbers IMM-5236-01 Decision Content 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 Appl…
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Louis v. Canada (Minister of Citizenship and Immigration) Court (s) Database Federal Court Decisions Date 2001-11-26 Neutral citation 2001 FCT 1292 File numbers IMM-5236-01 Decision Content 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
Source: decisions.fct-cf.gc.ca