Jules c. Canada (Minister of Citizenship and Immigration)
Court headnote
Jules c. Canada (Minister of Citizenship and Immigration) Court (s) Database Federal Court Decisions Date 2001-06-22 Neutral citation 2001 FCT 697 File numbers IMM-2465-01 Decision Content Date: 20010622 Docket: IMM-2465-01 Neutral reference: 2001 FCT 697 MONTRÉAL, QUEBEC, JUNE 22, 2001 Before: PINARD J. Between: JOSEPH JULES SUZIE, ALPHONSE JULES STÉPHANIE DEBOR, JULES, minor child BILLY HANS SERG, JULES, minor child CLIFFORD, JULES, minor child Plaintiff AND MINISTER OF CITIZENSHIP AND IMMIGRATION Defendant Motion by the plaintiff for a stay of execution of a removal order to be executory on June 23, 2001. ORDER AND REASONS FOR ORDER PINARD J. [1] The plaintiffs claimed refugee status on July 20, 2000. This claim was dismissed by the Refugee Division on February 2, 2001 as a result of the principal claimant's lack of credibility, and the fact that his account was the basis of the other claims. [2] The plaintiffs filed an application for leave and judicial review from that decision May 17, 2001. The latter application, filed some two months after the 15-day deadline laid down by the Immigration Act expired, was not and still is not accompanied by an application for an extension of time. [3] In the circumstances, as this motion for a stay is incidental to the foregoing application for leave and judicial review, I can only conclude that there is no serious issue to be tried. In the present state of the record, as the application for leave includes no application for an extensi…
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Jules c. Canada (Minister of Citizenship and Immigration) Court (s) Database Federal Court Decisions Date 2001-06-22 Neutral citation 2001 FCT 697 File numbers IMM-2465-01 Decision Content Date: 20010622 Docket: IMM-2465-01 Neutral reference: 2001 FCT 697 MONTRÉAL, QUEBEC, JUNE 22, 2001 Before: PINARD J. Between: JOSEPH JULES SUZIE, ALPHONSE JULES STÉPHANIE DEBOR, JULES, minor child BILLY HANS SERG, JULES, minor child CLIFFORD, JULES, minor child Plaintiff AND MINISTER OF CITIZENSHIP AND IMMIGRATION Defendant Motion by the plaintiff for a stay of execution of a removal order to be executory on June 23, 2001. ORDER AND REASONS FOR ORDER PINARD J. [1] The plaintiffs claimed refugee status on July 20, 2000. This claim was dismissed by the Refugee Division on February 2, 2001 as a result of the principal claimant's lack of credibility, and the fact that his account was the basis of the other claims. [2] The plaintiffs filed an application for leave and judicial review from that decision May 17, 2001. The latter application, filed some two months after the 15-day deadline laid down by the Immigration Act expired, was not and still is not accompanied by an application for an extension of time. [3] In the circumstances, as this motion for a stay is incidental to the foregoing application for leave and judicial review, I can only conclude that there is no serious issue to be tried. In the present state of the record, as the application for leave includes no application for an extension of time, the application for leave cannot be allowed (see Ragip v. S.S.C., IMM-3063-94, F.C.T.D., a judgment of July 18, 1994; and Semenduev v. Canada, IMM-4727-96, F.C.T.D., a judgment of January 17, 1997). [4] In any event, I consider that even if the extension for time had been duly requested it could not have been granted on the basis alleged before me of a somewhat general allegation of negligence by the plaintiffs' former counsel. In this connection, the rules set out in the following two cases clearly apply to the case at bar: (1) Nunez v. Canada, IMM-1172-00, F.C.T.D., a judgment of April 28, 2000; and (2) Cove v. Canada, IMM-934-01, F.C.T.D., a judgment of March 20, 2001. [5] As the plaintiffs were not able to establish the first prerequisite in support of the instant motion for a stay, namely the existence of a serious question to be tried, their motion is dismissed. Yvon Pinard J.F.C. Certified true translation Suzanne M. Gauthier, LL.L. Trad. a. FEDERAL COURT OF CANADA TRIAL DIVISION Date: 20010622 Docket: IMM-2465-01 Between: JOSEPH JULES SUZIE, ALPHONSE JULES STÉPHANIE DEBOR, JULES, minor child BILLY HANS SERG, JULES, minor child CLIFFORD, JULES, minor child Plaintiff AND MINISTER OF CITIZENSHIP AND IMMIGRATION Defendant ORDER AND REASONS FOR ORDER FEDERAL COURT OF CANADA TRIAL DIVISION NAMES OF COUNSEL AND SOLICITORS OF RECORD FILE: IMM-2465-01 STYLE OF CAUSE: JOSEPH JULES SUZIE, ALPHONSE JULES STÉPHANIE DEBOR, JULES, minor child BILLY HANS SERG, JULES, minor child CLIFFORD, JULES, minor child Plaintiff AND MINISTER OF CITIZENSHIP AND IMMIGRATION Defendant PLACE OF HEARING: Montréal, Quebec DATE OF HEARING: June 22, 2001 ORDER AND REASONS FOR ORDER BY: PINARD J. DATED: June 22, 2001 APPEARANCES: Luc Desmarais for the plaintiff Isabelle Brochu for the defendant SOLICITORS OF RECORD: Luc Desmarais for the plaintiff Montréal, Quebec Morris Rosenberg for the defendant Deputy Attorney General of Canada Montréal, Quebec
Source: decisions.fct-cf.gc.ca