Docket: IMM-1887-17
Citation:
2017 FC 429
[ENGLISH
TRANSLATION]
Ottawa, Ontario, April 28, 2017
PRESENT: The Honourable Mr.
Justice Shore
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BETWEEN:
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DORIA MAVHY
NGONA
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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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JUDGMENT AND REASONS
[1]
Following an extensive reading of all of both
parties’ submissions, the Court finds that the motion for a stay of execution
of removal is an abuse of process and a disregard for the administration of
justice and the integrity of the immigration system.
[2]
According to the information, this application
was made at the last minute. The applicant had known about the removal,
scheduled for this Saturday, April 29, 2017, since March 14, even though she
did have more than one counsel successively handling her case.
[3]
The applicant does not come before this Court
with clean hands.
[4]
Since the applicant was obligated to go to the
office of the Canada Border Services Agency (CBSA) and failed to do so, an
arrest warrant was issued against her. Only after she was arrested did she then
go see the CBSA representative.
[5]
In addition to misrepresentations and a previous
lack of credibility, the applicant is trying to submit new evidence to have the
previous decisions set aside.
[6]
An application to stay removal is not a means of
appealing the decisions of the Refugee Protection Division or the Refugee
Appeal Division when an application for judicial review of the Appeal Division
was dismissed by the Federal Court.
[7]
An applicant seeking an injunction, an extraordinary
remedy of a discretionary nature, must appear before the Court with clean
hands.
[8]
Applications for a stay of removal are dismissed
in case of disregard of immigration laws and failure to appear for removal (Mohar
v. Canada (Minister of Citizenship and Immigration), 2005 FC 952).
[9]
The case law is clear, unequivocal and specific
in demonstrating that an applicant is not entitled to extraordinary measures to
obtain an injunction in such circumstances.
[10]
For all of these reasons, the application for a
stay of execution of the removal order will not be examined.
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