Lopez v. Canada (Minister of Citizenship and Immigration)
Court headnote
Lopez v. Canada (Minister of Citizenship and Immigration) Court (s) Database Federal Court Decisions Date 2004-12-10 Neutral citation 2004 FC 1707 File numbers IMM-4348-04 Decision Content Date: 20041210 Docket: IMM-4348-04 Citation: 2004 FC 1707 BETWEEN: Rodrigo LINARES LOPEZ Applicant - and - THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent REASONS FOR ORDER PINARD J. [1] Though duly informed and called, the applicant was neither present nor represented at the place and date set for hearing of the application for judicial review at bar. In the circumstances, therefore, I intend to dispose of the application summarily. [2] This is an application for judicial review of a decision by the Immigration Division of the Immigration and Refugee Board (the IRB) given on April 27, 2004, by Rolland Ladouceur, that the applicant is covered by paragraphs 36(1)(a) and 37(1)(a) of the Immigration and Refugee Protection Act, S.C. 2001, c. 27 (the Act), and ordering his deportation from Canada. [3] Rodrigo Linares Lopez (the applicant) is a permanent resident of Canada who obtained landing on March 30, 1997. He is not a Canadian citizen. [4] It was admitted by the applicant's former counsel that the applicant was convicted on January 20, 2004 on one count, conspiracy to commit theft of over $5,000, an offence described in paragraph 465(1)(c) of the CanadianCriminal Code. [5] The fact that the applicant did not challenge the IRB's conclusion regarding his inadmissibility on grounds of s…
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Lopez v. Canada (Minister of Citizenship and Immigration) Court (s) Database Federal Court Decisions Date 2004-12-10 Neutral citation 2004 FC 1707 File numbers IMM-4348-04 Decision Content Date: 20041210 Docket: IMM-4348-04 Citation: 2004 FC 1707 BETWEEN: Rodrigo LINARES LOPEZ Applicant - and - THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent REASONS FOR ORDER PINARD J. [1] Though duly informed and called, the applicant was neither present nor represented at the place and date set for hearing of the application for judicial review at bar. In the circumstances, therefore, I intend to dispose of the application summarily. [2] This is an application for judicial review of a decision by the Immigration Division of the Immigration and Refugee Board (the IRB) given on April 27, 2004, by Rolland Ladouceur, that the applicant is covered by paragraphs 36(1)(a) and 37(1)(a) of the Immigration and Refugee Protection Act, S.C. 2001, c. 27 (the Act), and ordering his deportation from Canada. [3] Rodrigo Linares Lopez (the applicant) is a permanent resident of Canada who obtained landing on March 30, 1997. He is not a Canadian citizen. [4] It was admitted by the applicant's former counsel that the applicant was convicted on January 20, 2004 on one count, conspiracy to commit theft of over $5,000, an offence described in paragraph 465(1)(c) of the CanadianCriminal Code. [5] The fact that the applicant did not challenge the IRB's conclusion regarding his inadmissibility on grounds of serious criminality, because he is a person described in paragraph 36(1)(a) of the Act, suffices to dismiss the application for judicial review (see Mugesera v. Canada (Minister of Citizenship and Immigration), [2001] 4 F.C. 421). [6] The application for judicial review is consequently dismissed. "YVON PINARD" JUDGE OTTAWA, ONTARIO December 10, 2004 Certified true translation K.A. Harvey FEDERAL COURT SOLICITORS OF RECORD DOCKET: IMM-4348-04 STYLE OF CAUSE: Rodrigo LINARES LOPEZ v. THE MINISTER OF CITIZENSHIP AND IMMIGRATION PLACE OF HEARING: Montréal, Quebec DATE OF HEARING: November 9, 2004 REASONS FOR ORDER BY: The Honourable Mr. Justice Pinard DATED: December 10, 2004 APPEARANCES: François Joyal FOR THE RESPONDENT SOLICITORS OF RECORD: Morris Rosenberg FOR THE RESPONDENT Deputy Attorney General of Canada Montréal, Quebec
Source: decisions.fct-cf.gc.ca