Date: 20120502
Docket: IMM-4068-12
Citation: 2012 FC 509
[UNREVISED ENGLISH CERTIFIED TRANSLATION]
Ottawa, Ontario, May 2, 2012
PRESENT: The Honourable Mr. Justice Shore
BETWEEN:
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JOSE EMMANUEL REGALADO REGALADO,
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and
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THE MINISTER OF PUBLIC SAFETY AND EMERGENCY PREPAREDNESS
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REASONS FOR ORDER AND ORDER
[1] The applicant failed to appear for removal.
[2] His failure to appear is sufficient in itself to dismiss this motion for a stay.
[3] The Court is using its discretion to refuse to hear this motion for a stay. The applicant has had several opportunities to assert his rights.
[4] Therefore, the applicant does not have clean hands. This Court does not exercise equitable jurisdiction toward the applicant and, thus, his motion for a stay of removal is dismissed (Mohar v Canada (Minister of Citizenship and Immigration), 2005 FC 952).
ORDER
THE COURT ORDERS that the application for a stay of the removal order against the applicant be dismissed.
Certified true translation
Catherine Jones, Translator
FEDERAL COURT
SOLICITORS OF RECORD
DOCKET: IMM-4068-12
STYLE OF CAUSE: JOSE EMMANUEL REGALADO REGALADO
v THE MINISTER OF PUBLIC SAFETY AND EMERGENCY PREPAREDNESS
MOTION IN WRITING CONSIDERED AT OTTAWA, ONTARIO PURSUANT TO RULE 369
REASONS FOR ORDER
AND ORDER: MR. JUSTICE SHORE
DATED: May 2, 2012
WRITTEN REPRESENTATIONS BY:
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FOR THE APPLICANT
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Suzanne Trudel |
FOR THE RESPONDENT |
SOLICITORS OF RECORD:
FOR THE APPLICANT
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Myles J. Kirvan Deputy Attorney General of Canada Montréal, Quebec |
FOR THE RESPONDENT |