Date: 19980526
Docket: IMM-2478-98
OTTAWA, ONTARIO, THE 26th DAY OF MAY 1998
PRESENT: THE HONOURABLE MR. JUSTICE RICHARD
BETWEEN:
YOUSSOUF HALATO, ALI
Plaintiff
- and -
THE MINISTER
Defendant
ORDER
CONSIDERING the verbal request by counsel for the plaintiff and the consent of counsel for the defendant;
IT IS HEREBY ORDERED that the application for leave and for judicial review dated May 21, 1998 be amended, substituting the name of the Convention Refugee Determination Division for that of the Minister and substituting file number M-9512060 for the Minister's file number. The whole without prejudice to the respondent's right to object to the extension of time.
John D. Richard
Judge
Certified true translation
M. Iveson
IMM-2478-98
Ottawa, Ontario, the 25th day of May 1998
Present: The Honourable Mr. Justice Richard
Between:
YOUSSOUF HALATO, ALI
Plaintiff
- and -
MINISTER
Defendant
ORDER
[1] UPON a motion to stay the removal order;
[2] CONSIDERING the documents before the Court;
[3] CONSIDERING the argument heard by the Court by means of a telephone conference call on this date;
[4] THE COURT HEREBY ORDERS THAT:
The application is dismissed.
John D. Richard
Judge
Certified true translation
M. Iveson
Date: 19980526
Docket: IMM-2478-98
BETWEEN:
YOUSSOUF HALATO, ALI
Plaintiff
- and -
MINISTER
Defendant
REASONS FOR ORDER
(Delivered during a telephone conference call
between Ottawa and Montréal on May 25, 1998)
[1] The plaintiff arrived in Canada on September 16, 1988 and claimed refugee status during an interview on September 19, 1988. The plaintiff stated that he was born in Ethiopia and had lived there all his life, but that he feared the war there. He also stated that he wanted to live in Canada because of its social assistance programs. He added that he had Djibouti citizenship.
[2] On March 8, 1994, a conditional deportation order was made. He was arrested on April 6, 1998 and notified on May 14, 1998 that he was required to leave Canada for Ethiopia on May 25, 1998.
[3] On May 21, 1998, the plaintiff filed an application for leave and for judicial review of the Refugee Division's decision that the plaintiff had abandoned the claim after two notices to appear were sent to him, one dated October 28, 1997 and the other dated November 26, 1997. The two notices were sent to the plaintiff's last known address, the one he himself had provided to the Refugee Division in 1995. He appears to have changed his address frequently without informing the Refugee Division.
[4] Rule 36 of the Convention Refugee Determination Division Rules requires the person concerned to notify the Division, in writing, of any change of address. The plaintiff did not comply with this rule.
[5] In these circumstances, I cannot conclude that there is a serious issue to be tried.[1]
[6] The motion for a stay is dismissed.
[7] This is the final disposition of the plaintiff's motion, as Muldoon J. stated in his decision dated May 22, 1998.
John D. Richard
Judge
Ottawa, Ontario
May 26, 1998
Certified true translation
M. Iveson
FEDERAL COURT OF CANADA
TRIAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
COURT NO.: IMM-2478-98
STYLE OF CAUSE: YOUSSOUF HALATO, ALI v. Minister
PLACE OF HEARING: By telephone conference call between Ottawa and Montréal
DATE OF HEARING: May 25, 1998
REASONS FOR ORDER BY Richard J., delivered from the bench
DATED May 26, 1998
APPEARANCES:
Renée Millette FOR THE PLAINTIFF
Michèle Joubert FOR THE DEFENDANT
SOLICITORS OF RECORD:
Renée Millette
Montréal, Quebec FOR THE PLAINTIFF
George Thomson FOR THE DEFENDANT
Deputy Attorney General of Canada
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