Othelo v. Canada (Minister of Citizenship and Immigration), docket IMM-2531-98

Date: 19980709

Docket: IMM-2531-98

OTTAWA, ONTARIO, THE 9th DAY OF JULY 1998.

PRESENT: THE HONOURABLE MR. JUSTICE TEITELBAUM

BETWEEN:

     GEORGES PIERRE ANDRÉ OTHELO

     Applicant

     - and -

     MINISTER OF CITIZENSHIP AND IMMIGRATION

     Respondent

     ORDER AND REASONS FOR ORDER

TEITELBAUM J.

[1]      The application for stay of execution of a removal order is dismissed as it is premature. No removal date has been set by the respondent for the applicant.

[2]      The application for an extension of time for an application for leave and for judicial review is dismissed.

[3]      The applicant has failed to establish that he always intended to challenge the decision by the delegate of the Minister of Citizenship and Immigration dated March 3, 1997, in accordance with subsection 70(5) of the Immigration Act, and that it was impossible for him to file an application for leave and for judicial review of that decision.

[4]      The application for leave and for judicial review is accordingly dismissed.

OTTAWA, ONTARIO      Max M. Teitelbaum

July 9, 1998      J.F.C.C.

Certified true translation

M. Iveson

     FEDERAL COURT OF CANADA

     TRIAL DIVISION

     NAMES OF COUNSEL AND SOLICITORS OF RECORD

COURT NO.:                  IMM-2531-98

STYLE OF CAUSE:              GEORGES PIERRE ANDRÉ OTHELO v. MCI

MOTION IN WRITING DECIDED WITHOUT APPEARANCE OF PARTIES.

ORDER AND REASONS FOR ORDER BY THE HONOURABLE MR. JUSTICE

TEITELBAUM

DATED:                  JULY 9, 1998

WRITTEN REPRESENTATIONS BY:

GEORGES PIERRE ANDRÉ OTHELO

                             FOR THE APPLICANT

CAROLINE DOYON

                             FOR THE RESPONDENT

SOLICITORS OF RECORD:

GEORGES PIERRE ANDRÉ OTHELO

                             FOR THE APPLICANT

CAROLINE DOYON

Morris Rosenberg                      FOR THE RESPONDENT

Deputy Attorney General of Canada