Chen v. Canada (Minister of Citizenship and Immigration), 2003 FC 1464

Date: 20031203

Docket: IMM-9776-03

Citation: 2003 FC 1464

Ottawa, Ontario, this 12^th day of December, 2003

Present:          The Honourable Mr. Justice Konrad von Finckenstein

BETWEEN:

                                                                ZENG CHUN CHEN

                                                                                                                                                       Applicant

                                                                                 and

                             THE MINISTER OF CITIZENSHIP AND IMMIGRATION

                                                                                                                                                   Respondent

                                               REASONS FOR ORDER AND ORDER

[1]         I am not prepared to hear this motion for the following reasons.

[2]                 The applicant was ordered denied refugee status in 2000. His application for leave and judicial review was denied in December 2000. He only came to the attention of immigration authorities as a result of a routine check following traffic accident in October 2003. As a consequence, given that there was an outstanding warrant for his arrest he was put into detention.

[3]                 According to his own affidavit he has had legal counsel since October 2003. He has known since December 3, 2003 about his removal removal scheduled for December 13, 2003. As he was released on December 8, 2003 he has had several days to bring this motion. However he asked for a motion to stay only late on December 11, 2003 and only today December 12, 2003 about 11am did he fax a lengthy record to the Respondent.

[4]                 I do not believe that this is a case where I should exercise my discretion to hear the motion. The applicant has not come before this Court with clean hands. He was in violation of the immigration laws, he only came to the attention of the immigration authorities as a result of a traffic accident, he has had legal counsel for over two month, he had 10 days notice of his removal, yet only at this late hour does he bring this motion to stay and expects counsel for the Minister to make submission in respect of a lengthy record just served.

[5]                 Accordingly this application is dismissed.                                                               

ORDER

IT IS HEREBY ORDERED that:

1.          This application is dismissed.

                                                                                                                                     "K von Finckenstein"           

                                                                                                                                                           JUDGE                         

FEDERAL COURT

NAMES OF COUNSEL AND SOLICITORS OF RECORD

DOCKET:                                                                                     IMM-9776-03

STYLE OF CAUSE:                                                    ZENG CHUN CHEN

                                                                                          and

THE MINISTER OF CITIZENSHIP AND IMMIGRATION

PLACE OF HEARING:                                                             HEARD BY WAY OF TELECONFERENCE

DATE OF HEARING:                                                               DECEMBER 12, 2003

REASONS FOR ORDER AND ORDER :                        von FINCKENSTEIN J.

DATED:                                                                                       DECEMBER 12, 2003

APPEARANCES:                                                   

Lee Tomlinson                                                                             FOR APPLICANT

Amina Riaz                                                                                    FOR RESPONDENT

SOLICITORS OF RECORD:

Lee Tomlinson

Toronto, Ontario                                                                          FOR APPLICANT

Morris Rosenberg                                                                       FOR RESPONDENT

Deputy Attorney General of Canada

Ottawa, Ontario