Ottawa, Ontario, December 16, 2011
PRESENT: The Honourable Mr. Justice Rennie
BETWEEN:
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CRISTINA TOLENTINO MERCADO
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and
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MINISTER OF PUBLIC SAFETY AND EMERGENCY PREPAREDNESS
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REASONS FOR JUDGMENT AND JUDGMENT
[1] The applicants seek judicial review in respect of an April 1, 2011 decision by an enforcement officer of the Canada Boarder Services Agency (CBSA), refusing to defer removal of the applicants, then scheduled for April 7, 2011. The removal order was subsequently stayed by a judge of this Court.
[2] The removal order is spent and there is no other order extant. There are no factors which warrant the exercise of discretion in favour of hearing this application: Borowski v Canada (Attorney General), [1989] 1 SCR 342.
[3] The application for judicial review is dismissed.
[4] There is no question for certification.
JUDGMENT
THIS COURT’S JUDGMENT is that the application for judicial review be and is hereby dismissed. No question for certification has been proposed and none arises.
FEDERAL COURT
SOLICITORS OF RECORD
DOCKET: IMM-2128-11
STYLE OF CAUSE: NOLY DELA ROSA MERCADO, CRISTINA TOLENTINO MERCADO, NORMAN CHRISTOPHER TOLENTINO MERCADO, NATHANIEL TOLENTINO MERCADO v. MINISTER OF PUBLIC SAFETY AND EMERGENCY PREPAREDNESS
DATE OF HEARING: December 8, 2011
REASONS FOR JUDGMENT
AND JUDGMENT: RENNIE J.
APPEARANCES:
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Ms. Margherita Braccio |
FOR THE RESPONDENT
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SOLICITORS OF RECORD:
Gertler,
Etienne LLP
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Myles J. Kirvan, Deputy Attorney General of Canada Toronto, Ontario |
FOR THE RESPONDENT
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