Castro Aquino v. Canada (Minister of Public Safety and Emergency Preparedness)
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Castro Aquino v. Canada (Minister of Public Safety and Emergency Preparedness) Court (s) Database Federal Court Decisions Date 2006-07-17 Neutral citation 2006 FC 888 File numbers IMM-3843-06 Decision Content Date: 20060717 Docket: IMM-3843-06 Citation: 2006 FC 888 Toronto, Ontario, July 17, 2006 PRESENT: The Honourable Mr. Justice Shore BETWEEN: JOESALIN CASTRO AQUINO Applicant and THE MINISTER FOR PUBLIC SAFETY AND EMERGENCY PREPAREDNESS Respondent REASONS FOR ORDER AND ORDER [1] The Applicant has lived in Canada for more than five years. She entered Canada on February 24, 2001 as a visitor. Her status expired on October 19, 2001, but she remained in Canada until now without any authorization. [2] The Applicant has brought before the Court a motion to stay the execution of a Removal Order pending outcome of her Humanitarian and Compassionate application, having already had a negative assessment of a Pre-Removal Risk Assessment application prior to that which the applicant never challenged. [3] A warrant for the Applicant's arrest was issued after she failed to report to the authorities. This warrant was executed on January 20, 2003. On that day, the Applicant made a claim to be a Convention Refugee. [4] Even if the Court were to assume that the application raises a serious issue to be tried, the Applicant has failed to adduce sufficient evidence to establish that she would suffer irreparable harm by reason of her deportation to the Philippines. [5] In the circumstances, her…
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Castro Aquino v. Canada (Minister of Public Safety and Emergency Preparedness) Court (s) Database Federal Court Decisions Date 2006-07-17 Neutral citation 2006 FC 888 File numbers IMM-3843-06 Decision Content Date: 20060717 Docket: IMM-3843-06 Citation: 2006 FC 888 Toronto, Ontario, July 17, 2006 PRESENT: The Honourable Mr. Justice Shore BETWEEN: JOESALIN CASTRO AQUINO Applicant and THE MINISTER FOR PUBLIC SAFETY AND EMERGENCY PREPAREDNESS Respondent REASONS FOR ORDER AND ORDER [1] The Applicant has lived in Canada for more than five years. She entered Canada on February 24, 2001 as a visitor. Her status expired on October 19, 2001, but she remained in Canada until now without any authorization. [2] The Applicant has brought before the Court a motion to stay the execution of a Removal Order pending outcome of her Humanitarian and Compassionate application, having already had a negative assessment of a Pre-Removal Risk Assessment application prior to that which the applicant never challenged. [3] A warrant for the Applicant's arrest was issued after she failed to report to the authorities. This warrant was executed on January 20, 2003. On that day, the Applicant made a claim to be a Convention Refugee. [4] Even if the Court were to assume that the application raises a serious issue to be tried, the Applicant has failed to adduce sufficient evidence to establish that she would suffer irreparable harm by reason of her deportation to the Philippines. [5] In the circumstances, her application must be dismissed. ORDER THIS COURT ORDERS that the application for a stay of removal be dismissed. "Michel M.J. Shore" Judge FEDERAL COURT NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: IMM-3843-06 STYLE OF CAUSE: JOESALIN CASTRO AQUINO v. THE MINISTER FOR PUBLIC SAFETY AND EMERGENCY PREPAREDNESS PLACE OF HEARING: Toronto, Ontario DATE OF HEARING: July 17, 2006 REASONS FOR ORDER AND ORDER: SHORE J. DATED: July 17, 2006 APPEARANCES: Alesha A. Green FOR THE APPLICANT Angela Marinos FOR THE RESPONDENT SOLICITORS OF RECORD: GREEN, WILLARD LLP Barristers & Solicitors Toronto, Ontario FOR THE APPLICANT JOHN H. SIMS, Q.C. Deputy Attorney General of Canada FOR THE RESPONDENT
Source: decisions.fct-cf.gc.ca
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