Federal Court Decisions

Decision Information

Decision Content

Date: 19980526

Docket: IMM-2478-98

OTTAWA, ONTARIO, THE 26th DAY OF MAY 1998

PRESENT:      THE HONOURABLE MR. JUSTICE RICHARD

BETWEEN:

                                                       YOUSSOUF HALATO, ALI

                                                                                                                                               Plaintiff

                                                                        - and -

                                                                THE MINISTER

                                                                                                                                           Defendant

                                                                       ORDER

            CONSIDERING the verbal request by counsel for the plaintiff and the consent of counsel for the defendant;

            IT IS HEREBY ORDERED that the application for leave and for judicial review dated May 21, 1998 be amended, substituting the name of the Convention Refugee Determination Division for that of the Minister and substituting file number M-9512060 for the Minister's file number. The whole without prejudice to the respondent's right to object to the extension of time.

                                                                                                                                 John D. Richard        

                                                                                                                                                   Judge                 

Certified true translation

M. Iveson


IMM-2478-98

Ottawa, Ontario, the 25th day of May 1998

Present:             The Honourable Mr. Justice Richard

Between:

                                                       YOUSSOUF HALATO, ALI

                                                                                                                                                 Plaintiff

                                                                         - and -

                                                                     MINISTER

                                                                                                                                             Defendant

                                                                       ORDER

[1]         UPON a motion to stay the removal order;

[2]         CONSIDERING the documents before the Court;

[3]         CONSIDERING the argument heard by the Court by means of a telephone conference call on this date;

[4]         THE COURT HEREBY ORDERS THAT:

                        The application is dismissed.

                                                                                                                                 John D. Richard        

                                                                                                                                                   Judge                 

Certified true translation

M. Iveson                                                                                  



Date: 19980526

Docket: IMM-2478-98

BETWEEN:

                                                       YOUSSOUF HALATO, ALI

                                                                                                                                               Plaintiff

                                                                         - and -

                                                                    MINISTER

                                                                                                                                           Defendant

                                                        REASONS FOR ORDER

                                        (Delivered during a telephone conference call

                                      between Ottawa and Montréal on May 25, 1998)

[1]         The plaintiff arrived in Canada on September 16, 1988 and claimed refugee status during an interview on September 19, 1988. The plaintiff stated that he was born in Ethiopia and had lived there all his life, but that he feared the war there. He also stated that he wanted to live in Canada because of its social assistance programs. He added that he had Djibouti citizenship.

[2]         On March 8, 1994, a conditional deportation order was made. He was arrested on April 6, 1998 and notified on May 14, 1998 that he was required to leave Canada for Ethiopia on May 25, 1998.

[3]         On May 21, 1998, the plaintiff filed an application for leave and for judicial review of the Refugee Division's decision that the plaintiff had abandoned the claim after two notices to appear were sent to him, one dated October 28, 1997 and the other dated November 26, 1997. The two notices were sent to the plaintiff's last known address, the one he himself had provided to the Refugee Division in 1995. He appears to have changed his address frequently without informing the Refugee Division.

[4]         Rule 36 of the Convention Refugee Determination Division Rules requires the person concerned to notify the Division, in writing, of any change of address. The plaintiff did not comply with this rule.

[5]         In these circumstances, I cannot conclude that there is a serious issue to be tried.[1]

[6]         The motion for a stay is dismissed.

[7]         This is the final disposition of the plaintiff's motion, as Muldoon J. stated in his decision dated May 22, 1998.

                                                                                                                                 John D. Richard      

                                                                                                                                                   Judge                 

Ottawa, Ontario

May 26, 1998

Certified true translation

M. Iveson


                                                   FEDERAL COURT OF CANADA

                                                               TRIAL DIVISION

                              NAMES OF COUNSEL AND SOLICITORS OF RECORD

COURT NO.:                                       IMM-2478-98

STYLE OF CAUSE:                             YOUSSOUF HALATO, ALI v. Minister

PLACE OF HEARING:                        By telephone conference call between Ottawa and Montréal

DATE OF HEARING:              May 25, 1998

REASONS FOR ORDER BY Richard J., delivered from the bench

DATED                                                May 26, 1998

APPEARANCES:                                                        

Renée Millette                                                   FOR THE PLAINTIFF

Michèle Joubert                                                             FOR THE DEFENDANT

SOLICITORS OF RECORD:

Renée Millette

Montréal, Quebec                                                         FOR THE PLAINTIFF

George Thomson                                                           FOR THE DEFENDANT

Deputy Attorney General of Canada



    [1]           See Mendez v. Canada (Minister of Citizenship and Immigration) (1995), 93 F.T.R. 246, at para. 3 (F.C.T.D.).

 You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.