Cole v. Canada (Minister of Citizenship and Immigration), 2003 FCT 724

Date: 20030610

Docket: IMM-4264-03

Citation: 2003 FCT 724

Winnipeg, Manitoba, the 10^th day of June, 2003

Present:           The Honourable Mr. Justice Rouleau                                    

BETWEEN:

                                                                 ADEWOLE COLE

                                                                                                                                                       Applicant

                                                                                 and

                                  MINISTER OF CITIZENSHIP AND IMMIGRATION

                                                                                                                                                   Respondent

                                               REASONS FOR ORDER AND ORDER

[1]                 On June 10, 2003 the applicant sought a stay of a removal order to be executed on June 11, 2003. His counsel asserts that the determination by Immigration authorities that he had previously made a refugee claim and abandoned it and was therefore not eligible to submit a further claim for refugee status was erroneous; that he had not been given an opportunity to respond to the allegations that he was the same person that had made the previous application seeking refugee status was a denial of natural justices.

[2]                 The applicant was advised on October 27, 2002 that he was not eligible and subject to a deportation order. RCMP expertise was requested by Immigration authorities involving an individual that had previously had made a claim for refugee status and which was abandoned. Expert analysis confirmed this applicant to be one and the same person.

[3]                 On May 28, 2003 the applicant was advised of his removal from Canada pursuant to a deportation order issued January 5, 2001.

[4]                 The applicant was aware of the deportation order of January 5, 2001; of the refusal of his refugee claim being denied on October 27, 2002; as well his removal order was transmitted on May 28, 2003. There were no challenges to any of the previous decisions emanating from Immigration Canada nor did he seek the stay of his removal order until the very last minute even being aware of his deportation since May 28, 2003.

                                                                            ORDER

The Court refuses to entertain this application.

                                                                                                                                                  "P. Rouleau"                 

                                                                                                                                                               Judge

                                                    FEDERAL COURT OF CANADA

                                                                 TRIAL DIVISION

                              NAMES OF COUNSEL AND SOLICITORS OF RECORD

DOCKET:                                             IMM-4264-03

STYLE OF CAUSE:                           Adewole Cole v. Minister of Citizenship and Immigration

PLACE OF HEARING:                     Winnipeg, Manitoba

DATE OF HEARING:                       June 10, 2003

REASONS FOR ORDER :             The Honourable Mr. Justice Rouleau

DATED:                                                June 10, 2003

APPEARANCES:

Edward Rice                                        FOR THE APPLICANT

Barrister & Solicitor

301 - 63 Albert St.

Winnipeg, MB    R3B 1G4

Nalini Reddy                                                                                   FOR THE RESPONDENT

Department of Justice

301 - 310 Broadway

Winnipeg, Manitoba

SOLICITORS OF RECORD:

Edward Rice                                                                                   FOR THE APPLICANT

Morris Rosenberg                                                                           FOR THE RESPONDENT

Deputy Attorney General of Canada