Cole v. Canada (Minister of Citizenship and Immigration)
Court headnote
Cole v. Canada (Minister of Citizenship and Immigration) Court (s) Database Federal Court Decisions Date 2003-06-10 Neutral citation 2003 FCT 724 File numbers IMM-4264-03 Decision Content Date: 20030610 Docket: IMM-4264-03 Citation: 2003 FCT 724 Winnipeg, Manitoba, the 10th day of June, 2003 Present: The Honourable Mr. Justice Rouleau BETWEEN: ADEWOLE COLE Applicant and MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent REASONS FOR ORDER AND ORDER [1] On June 10, 2003 the applicant sought a stay of a removal order to be executed on June 11, 2003. His counsel asserts that the determination by Immigration authorities that he had previously made a refugee claim and abandoned it and was therefore not eligible to submit a further claim for refugee status was erroneous; that he had not been given an opportunity to respond to the allegations that he was the same person that had made the previous application seeking refugee status was a denial of natural justices. [2] The applicant was advised on October 27, 2002 that he was not eligible and subject to a deportation order. RCMP expertise was requested by Immigration authorities involving an individual that had previously had made a claim for refugee status and which was abandoned. Expert analysis confirmed this applicant to be one and the same person. [3] On May 28, 2003 the applicant was advised of his removal from Canada pursuant to a deportation order issued January 5, 2001. [4] The applicant was aware of the deportation order of …
Read full judgment
Cole v. Canada (Minister of Citizenship and Immigration) Court (s) Database Federal Court Decisions Date 2003-06-10 Neutral citation 2003 FCT 724 File numbers IMM-4264-03 Decision Content Date: 20030610 Docket: IMM-4264-03 Citation: 2003 FCT 724 Winnipeg, Manitoba, the 10th day of June, 2003 Present: The Honourable Mr. Justice Rouleau BETWEEN: ADEWOLE COLE Applicant and MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent REASONS FOR ORDER AND ORDER [1] On June 10, 2003 the applicant sought a stay of a removal order to be executed on June 11, 2003. His counsel asserts that the determination by Immigration authorities that he had previously made a refugee claim and abandoned it and was therefore not eligible to submit a further claim for refugee status was erroneous; that he had not been given an opportunity to respond to the allegations that he was the same person that had made the previous application seeking refugee status was a denial of natural justices. [2] The applicant was advised on October 27, 2002 that he was not eligible and subject to a deportation order. RCMP expertise was requested by Immigration authorities involving an individual that had previously had made a claim for refugee status and which was abandoned. Expert analysis confirmed this applicant to be one and the same person. [3] On May 28, 2003 the applicant was advised of his removal from Canada pursuant to a deportation order issued January 5, 2001. [4] The applicant was aware of the deportation order of January 5, 2001; of the refusal of his refugee claim being denied on October 27, 2002; as well his removal order was transmitted on May 28, 2003. There were no challenges to any of the previous decisions emanating from Immigration Canada nor did he seek the stay of his removal order until the very last minute even being aware of his deportation since May 28, 2003. ORDER The Court refuses to entertain this application. "P. Rouleau" Judge FEDERAL COURT OF CANADA TRIAL DIVISION NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: IMM-4264-03 STYLE OF CAUSE: Adewole Cole v. Minister of Citizenship and Immigration PLACE OF HEARING: Winnipeg, Manitoba DATE OF HEARING: June 10, 2003 REASONS FOR ORDER : The Honourable Mr. Justice Rouleau DATED: June 10, 2003 APPEARANCES: Edward Rice FOR THE APPLICANT Barrister & Solicitor 301 - 63 Albert St. Winnipeg, MB R3B 1G4 Nalini Reddy FOR THE RESPONDENT Department of Justice 301 - 310 Broadway Winnipeg, Manitoba SOLICITORS OF RECORD: Edward Rice FOR THE APPLICANT Morris Rosenberg FOR THE RESPONDENT Deputy Attorney General of Canada
Source: decisions.fct-cf.gc.ca