Chen v. Canada (Minister of Citizenship and Immigration)
Court headnote
Chen v. Canada (Minister of Citizenship and Immigration) Court (s) Database Federal Court Decisions Date 2003-12-12 Neutral citation 2003 FC 1464 File numbers IMM-9776-03 Decision Content Date: 20031203 Docket: IMM-9776-03 Citation: 2003 FC 1464 Ottawa, Ontario, this 12th day of December, 2003 Present: The Honourable Mr. Justice Konrad von Finckenstein BETWEEN: ZENG CHUN CHEN Applicant and THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent REASONS FOR ORDER AND ORDER [1] I am not prepared to hear this motion for the following reasons. [2] The applicant was ordered denied refugee status in 2000. His application for leave and judicial review was denied in December 2000. He only came to the attention of immigration authorities as a result of a routine check following traffic accident in October 2003. As a consequence, given that there was an outstanding warrant for his arrest he was put into detention. [3] According to his own affidavit he has had legal counsel since October 2003. He has known since December 3, 2003 about his removal removal scheduled for December 13, 2003. As he was released on December 8, 2003 he has had several days to bring this motion. However he asked for a motion to stay only late on December 11, 2003 and only today December 12, 2003 about 11am did he fax a lengthy record to the Respondent. [4] I do not believe that this is a case where I should exercise my discretion to hear the motion. The applicant has not come before this Court with clean hands. H…
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Chen v. Canada (Minister of Citizenship and Immigration) Court (s) Database Federal Court Decisions Date 2003-12-12 Neutral citation 2003 FC 1464 File numbers IMM-9776-03 Decision Content Date: 20031203 Docket: IMM-9776-03 Citation: 2003 FC 1464 Ottawa, Ontario, this 12th day of December, 2003 Present: The Honourable Mr. Justice Konrad von Finckenstein BETWEEN: ZENG CHUN CHEN Applicant and THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent REASONS FOR ORDER AND ORDER [1] I am not prepared to hear this motion for the following reasons. [2] The applicant was ordered denied refugee status in 2000. His application for leave and judicial review was denied in December 2000. He only came to the attention of immigration authorities as a result of a routine check following traffic accident in October 2003. As a consequence, given that there was an outstanding warrant for his arrest he was put into detention. [3] According to his own affidavit he has had legal counsel since October 2003. He has known since December 3, 2003 about his removal removal scheduled for December 13, 2003. As he was released on December 8, 2003 he has had several days to bring this motion. However he asked for a motion to stay only late on December 11, 2003 and only today December 12, 2003 about 11am did he fax a lengthy record to the Respondent. [4] I do not believe that this is a case where I should exercise my discretion to hear the motion. The applicant has not come before this Court with clean hands. He was in violation of the immigration laws, he only came to the attention of the immigration authorities as a result of a traffic accident, he has had legal counsel for over two month, he had 10 days notice of his removal, yet only at this late hour does he bring this motion to stay and expects counsel for the Minister to make submission in respect of a lengthy record just served. [5] Accordingly this application is dismissed. ORDER IT IS HEREBY ORDERED that: 1. This application is dismissed. "K von Finckenstein" JUDGE FEDERAL COURT NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: IMM-9776-03 STYLE OF CAUSE: ZENG CHUN CHEN and THE MINISTER OF CITIZENSHIP AND IMMIGRATION PLACE OF HEARING: HEARD BY WAY OF TELECONFERENCE DATE OF HEARING: DECEMBER 12, 2003 REASONS FOR ORDER AND ORDER : von FINCKENSTEIN J. DATED: DECEMBER 12, 2003 APPEARANCES: Lee Tomlinson FOR APPLICANT Amina Riaz FOR RESPONDENT SOLICITORS OF RECORD: Lee Tomlinson Toronto, Ontario FOR APPLICANT Morris Rosenberg FOR RESPONDENT Deputy Attorney General of Canada Ottawa, Ontario
Source: decisions.fct-cf.gc.ca