Date: 20060717
Docket: IMM-3843-06
Citation: 2006 FC 888
Toronto, Ontario, July 17, 2006
PRESENT: The Honourable Mr. Justice Shore
BETWEEN:
JOESALIN CASTRO AQUINO
Applicant
and
THE MINISTER FOR PUBLIC SAFETY
AND EMERGENCY PREPAREDNESS
Respondent
REASONS FOR ORDER AND ORDER
[1] The Applicant has lived in Canada for more than five years. She entered Canada on February 24, 2001 as a visitor. Her status expired on October 19, 2001, but she remained in Canada until now without any authorization.
[2] The Applicant has brought before the Court a motion to stay the execution of a Removal Order pending outcome of her Humanitarian and Compassionate application, having already had a negative assessment of a Pre-Removal Risk Assessment application prior to that which the applicant never challenged.
[3] A warrant for the Applicant's arrest was issued after she failed to report to the authorities. This warrant was executed on January 20, 2003. On that day, the Applicant made a claim to be a Convention Refugee.
[4] Even if the Court were to assume that the application raises a serious issue to be tried, the Applicant has failed to adduce sufficient evidence to establish that she would suffer irreparable harm by reason of her deportation to the Philippines.
[5] In the circumstances, her application must be dismissed.
ORDER
THIS COURT ORDERS that the application for a stay of removal be dismissed.
"Michel M.J. Shore"
FEDERAL COURT
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: IMM-3843-06
STYLE OF CAUSE: JOESALIN CASTRO AQUINO
v. THE MINISTER FOR PUBLIC SAFETY
AND EMERGENCY PREPAREDNESS
PLACE OF HEARING: Toronto, Ontario
DATE OF HEARING: July 17, 2006
REASONS FOR ORDER
AND ORDER: SHORE J.
DATED: July 17, 2006
APPEARANCES:
| Alesha A. Green
|
FOR THE APPLICANT
|
| Angela Marinos
|
FOR THE RESPONDENT
|
SOLICITORS OF RECORD:
| GREEN, WILLARD LLP
Barristers & Solicitors
Toronto, Ontario
|
FOR THE APPLICANT
|
| JOHN H. SIMS, Q.C.
Deputy Attorney General of Canada
|
FOR THE RESPONDENT
|
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