Federal Court Decisions

Federal Court

Cour fédérale

 

Date: 20100811

Docket: IMM-4367-10

Citation: 2010 FC 814

Toronto , Ontario , August 11, 2010

PRESENT:  The Honourable Mr. Justice Shore

 

BETWEEN:

JAIME CASTRO ESTRADA

Applicant

 

 

 

and

 

 

THE MINISTER OF CITIZENSHIP AND IMMIGRATION

THE MINISTER OF PUBLIC SAFETY

AND EMERGENCY PREPAREDNESS

Respondents

 

REASONS FOR ORDER AND ORDER

(Rendered on the Bench August, 10, 2010)

 

Introduction

• [1] This is a motion for a stay of removal of the Applicant scheduled for August 21, 2010.The Applicant has shown disregard for the Canadian immigration system.He has not approached the Court with clean hands.Therefore, the motion is dismissed.

 

Background

• [2] The Applicant failed to appear for an interview with Canadian Immigration officials on March 15, 2010.A warrant was issued for his arrest.Only after the Applicant’s arrest did he appear before Immigration officials.At the time of his arrest, the Applicant was also working without authorization.His arrest is attributed to an investigation by an Immigration task force.

 

• [3] Subsequent to an undisputed Federal Bureau of Investigation (F.B.I.) report, it is important to recognize additional lack of clean hands arguments.The claimant used aliases.Between 1992 and 1999, the Applicant was arrested five times, once for carrying a prohibited weapon, four times for possession of cocaine with intent to distribute and three of those times with 500 grams or more of cocaine.

 

• [4] In regard to the above, the Applicant was sentenced twice to 57 months, plus 5 years of supervised release.

 

Analysis

• [5] A stay of removal is an extraordinary and discretionary measure.This Court does not grant relief if an applicant has shown disregard for Canadian immigration laws, or does not have clean hands in regard to Canadian authorities (Brunton v. Canada (M.P.S.E.P.), 2006 FC 33).

 

 

 

 

 

Conclusion

• [6] Therefore, due to all of the above, this Court has decided not to entertain the motion for a stay of removal.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

ORDER

 

THIS COURT ORDERS that the motion, on its inherent basis, not be heard.

 

“ Michel M.J. Shore ”

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

FEDERAL COURT

 

SOLICITORS OF RECORD

 

 

 

DOCKET:  IMM-4367-10

 

STYLE OF CAUSE:  JAIME CASTRO ESTRADA v.

THE MINISTER OF CITIZENSHIP AND IMMIGRATION

THE MINISTER OF PUBLIC SAFETY AND

EMERGENCY PREPAREDNESS

 

 

PLACE OF HEARING:  Toronto , Ontario

 

DATE OF HEARING:  August 10, 2010

 

REASONS FOR ORDER

AND ORDER:  Shore J.

 

DATED:  August 11, 2010

 

 

APPEARANCES:

 

Clifford Luyt	FOR THE APPLICANT
Kevin Doyle	FOR THE RESPONDENTS

 

SOLICITORS OF RECORD:

 

Clifford Luyt Barrister & Solicitor Toronto , Ontario	FOR THE APPLICANT
Myles J. Kirvan Deputy Attorney General of Canada	FOR THE RESPONDENTS