Date: 20040823
Docket: IMM-5591-04
Citation: 2004 FC 1167
Toronto, Ontario, August 23rd, 2004
Present: The Honourable Mr. Justice von Finckenstein
BETWEEN:
JULIETTE PRESCOD
Applicant
and
SOLICITOR GENERAL OF CANADA
Respondent
REASONS FOR ORDER AND ORDER
[1] To reflect recent government reorganization changes the style of cause is hereby ordered changed so that the Respondent is now the Solicitor General of Canada.
[2] The applicant was scheduled for removal on June 26, 2004. She failed to appear and there is now a warrant for arrest outstanding against her.
[3] The Applicant is 30 weeks pregnant and has submitted medical evidence indicating she needs testing for sickle cell anemia and diabetes. Her doctor also advises that in his view any travel by way of forced removal may endanger a safe delivery of the unborn child.
[4] The Applicant is asking for a stay of the removal order until her outstanding H & C application has been dealt with.
[5] There is no information before the court regarding:
a) as to whether she will surrender and when;
b) as to when she will be likely arrested;
c) what is the likely date for which she will be scheduled for removal; and
d) whether, at that the point of the next removal, she will have delivered the baby or not.
[6] In light of all of these uncertainties and following Abbas v. Canada (M.C.I.), [2000] F.C.J. 2141, I find that this application is premature. Accordingly it will be dismissed.
ORDER
THIS COURT ORDERS that this application be dismissed.
"K. von Finckenstein"
J.F.C.
FEDERAL COURT
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: IMM-5591-04
STYLE OF CAUSE: JULIETTE PRESCOD
Applicant
and
SOLICITOR GENERAL OF CANADA
Respondent
PLACE OF HEARING: TORONTO, ONTARIO
DATE OF HEARING: AUGUST 23, 2004
REASONS FOR ORDER
AND ORDER BY: von FINCKENSTEIN J.
DATED: AUGUST 23, 2004
APPEARANCES BY:
Mr. Dwight Jenkins FOR THE APPLICANT
Ms. Allison Phillips FOR THE RESPONDENT
SOLICITORS OF RECORD:
Dwight Jenkins
Barrister & Solicitor
Oshawa, Ontario FOR THE APPLICANT
Morris Rosenberg
Deputy Attorney General of Canada
Toronto, Ontario FOR THE RESPONDENT
FEDERAL COURT
Date: 20040823
Docket: IMM-5591-04
BETWEEN:
JULIETTE PRESCOD
Applicant
and
SOLICITOR GENERAL OF CANADA
Respondent
REASONS FOR ORDER
AND ORDER