Canadian Council for Refugees v. Canada, 2007 FC 375

Date: 20070411

Docket: IMM-7818-05

Citation: 2007 FC 375

Ottawa, Ontario, April 11, 2007

PRESENT:     The Honourable Mr. Justice Phelan

BETWEEN:

CANADIAN COUNCIL FOR REFUGEES,

CANADIAN COUNCIL OF CHURCHES,

AMNESTY INTERNATIONAL, and JOHN DOE

Applicants

and

HER MAJESTY THE QUEEN

Respondent

REASONS FOR ORDER AND ORDER

[1]               During the course of argument on this judicial review, counsel for John Doe sought an order in effect enjoining the Respondent from returning him to the United States should he be able to reach the U.S.-Canada border. John Doe had been arrested and there was some suggestion that U.S. authorities might allow him to come to the Canadian border, rather than deporting him to his home country.

[2]               A temporary interim order was issued conditional on John Doe attempting to re-open his case for asylum in the United States because of concern that he had not exhausted his rights in the United States.

[3]               The U.S. authorities are now considering his case and he has been released from custody. The underlying basis for the Court’s Order has changed and there is no evidence that the original injunction request is necessary at this time.

[4]               As such, the Applicant’s motion is dismissed without prejudice to filing for further or even similar relief if such circumstances warrant.

ORDER

            IT IS ORDERED THAT the Applicant’s motion is dismissed without prejudice to filing for further or even similar relief if such circumstances warrant.

“Michael L. Phelan”

FEDERAL COURT

NAMES OF COUNSEL AND SOLICITORS OF RECORD

DOCKET:                                          IMM-7818-05

STYLE OF CAUSE:                          CANADIAN COUNCIL FOR REFUGEES,

                                                            CANADIAN COUNCIL OF CHURCHES,

                                                            AMNESTY INTERNATIONAL and JOHN DOE

                                                            and

                                                            HER MAJESTY THE QUEEN

PLACE OF HEARING:                    Toronto, Ontario

DATE OF HEARING:                      February 5 and 6, 2007

REASONS FOR ORDER

AND ORDER:                                   Phelan J.

DATED:                                             April 11, 2007

APPEARANCES:

SOLICITORS OF RECORD: