Ottawa, Ontario, April 11, 2007
PRESENT: The Honourable Mr. Justice Phelan
BETWEEN:
CANADIAN COUNCIL FOR REFUGEES,
CANADIAN COUNCIL OF CHURCHES,
AMNESTY INTERNATIONAL, and JOHN DOE
and
REASONS FOR ORDER AND ORDER
[1] During the course of argument on this judicial review, counsel for John Doe sought an order in effect enjoining the Respondent from returning him to the United States should he be able to reach the U.S.-Canada border. John Doe had been arrested and there was some suggestion that U.S. authorities might allow him to come to the Canadian border, rather than deporting him to his home country.
[2] A temporary interim order was issued conditional on John Doe attempting to re-open his case for asylum in the United States because of concern that he had not exhausted his rights in the United States.
[3] The U.S. authorities are now considering his case and he has been released from custody. The underlying basis for the Court’s Order has changed and there is no evidence that the original injunction request is necessary at this time.
[4] As such, the Applicant’s motion is dismissed without prejudice to filing for further or even similar relief if such circumstances warrant.
ORDER
IT IS ORDERED THAT the Applicant’s motion is dismissed without prejudice to filing for further or even similar relief if such circumstances warrant.
FEDERAL COURT
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: IMM-7818-05
STYLE OF CAUSE: CANADIAN COUNCIL FOR REFUGEES,
CANADIAN COUNCIL OF CHURCHES,
AMNESTY INTERNATIONAL and JOHN DOE
and
HER MAJESTY THE QUEEN
PLACE OF HEARING: Toronto, Ontario
DATE OF HEARING: February 5 and 6, 2007
APPEARANCES:
Ms. Barbara Jackman Mr. Andrew Brouwer Ms. Leigh Salsberg
|
CANADIAN COUNCIL FOR REFUGEES, CANADIAN COUNCIL OF CHURCHES and JOHN DOE
|
Mr. Lorne Waldman |
FOR THE APPLICANT, AMNESTY INTERNATIONAL
|
Mr. David Lucas Mr. François Joyal Mr. Greg George Ms. Matina Karvellas
|
SOLICITORS OF RECORD:
JACKMAN & ASSOCIATES Barristers & Solicitors Toronto, Ontario
|
CANADIAN COUNCIL FOR REFUGEES, CANADIAN COUNCIL OF CHURCHES and JOHN DOE
|
WALDMAN & ASSOCIATES Barristers & Solicitors Toronto, Ontario
|
FOR THE APPLICANT, AMNESTY INTERNATIONAL |
MR. JOHN H. SIMS, Q.C. Deputy Attorney General of Canada Toronto, Ontario |