Date: 19980709
Docket: IMM-2531-98
OTTAWA, ONTARIO, THE 9th DAY OF JULY 1998.
PRESENT: THE HONOURABLE MR. JUSTICE TEITELBAUM
BETWEEN:
GEORGES PIERRE ANDRÉ OTHELO
Applicant
- and -
MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
ORDER AND REASONS FOR ORDER
TEITELBAUM J.
[1] The application for stay of execution of a removal order is dismissed as it is premature. No removal date has been set by the respondent for the applicant.
[2] The application for an extension of time for an application for leave and for judicial review is dismissed.
[3] The applicant has failed to establish that he always intended to challenge the decision by the delegate of the Minister of Citizenship and Immigration dated March 3, 1997, in accordance with subsection 70(5) of the Immigration Act, and that it was impossible for him to file an application for leave and for judicial review of that decision.
[4] The application for leave and for judicial review is accordingly dismissed.
OTTAWA, ONTARIO Max M. Teitelbaum
July 9, 1998 J.F.C.C.
Certified true translation
M. Iveson
FEDERAL COURT OF CANADA
TRIAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
COURT NO.: IMM-2531-98
STYLE OF CAUSE: GEORGES PIERRE ANDRÉ OTHELO v. MCI
MOTION IN WRITING DECIDED WITHOUT APPEARANCE OF PARTIES.
ORDER AND REASONS FOR ORDER BY THE HONOURABLE MR. JUSTICE
TEITELBAUM
DATED: JULY 9, 1998
WRITTEN REPRESENTATIONS BY:
GEORGES PIERRE ANDRÉ OTHELO
FOR THE APPLICANT
CAROLINE DOYON
FOR THE RESPONDENT
SOLICITORS OF RECORD:
GEORGES PIERRE ANDRÉ OTHELO
FOR THE APPLICANT
CAROLINE DOYON
Morris Rosenberg FOR THE RESPONDENT
Deputy Attorney General of Canada