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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Applicant
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and
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THE MINISTER OF
PUBLIC SAFETY AND EMERGENCY PREPAREDNESS
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Respondent
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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.
"Michel
M.J. Shore"
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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Lucrece M. Joseph
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FOR THE APPLICANT
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Suzanne Trudel
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FOR THE RESPONDENT
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SOLICITORS OF RECORD:
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Lucrece M. Joseph, Counsel
Montréal, Quebec
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FOR THE APPLICANT
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Myles J. Kirvan
Deputy Attorney General of
Canada
Montréal,
Quebec
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FOR THE RESPONDENT
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