Date: 20070709
Docket: IMM-2745-07
Ottawa, Ontario,
July 9, 2007
PRESENT: The Honourable Mr. Justice Shore
BETWEEN:
MOHAMMED
IBRAHIM, NERA SULTANA and SARAH NAHAR
by her Litigation Guardian, MOHAMMED
IBRAHIM
Applicants
and
THE MINISTER OF PUBLIC SAFETY
AND EMERGENCY PREPAREDNESS
Respondent
ORDER
(Rendered at the conclusion of a telephone
conference, viva-voce)
INTRODUCTION
In regard to the stay application against the
removal of the Applicants, this Order takes fully into account the death of previous
counsel as mentioned in the Affidavit of the principal Applicant and
prominently specified by current counsel; however, as verified in a telephone
conference with both parties, it was ascertained that the departed counsel, in
fact, passed away in May of 2006. Full consideration was given to this reason
and the challenges which ensued, thereby, in regard to the presentation of the
case at bar of the Applicants before the Court;
NEVERTHELESS, having heard the parties
and analyzed the subject matter in respect of the detailed background,
including a five year stay by the principal Applicant in the United States
without a claim for asylum, the Court is in agreement with the letter of the
Respondent, dated July 6, 2007, for the reasons stated therein;
The Court fully endorses its own jurisprudence and, of
course, accepts, in the circumstances, the Respondent’s reliance on the words
of Justice Yvon Pinard in Matadeen, as follows (IMM-3164-00):
Indeed, “last minute” motions for stays force the
respondent to respond without adequate preparation, do not facilitate the work
of this Court, and are not in the interest of justice; a stay in an
extraordinary procedure, which deserves thorough and thoughtful consideration.
(See also: Moghaddam v. M.C.I.
(May 31, 2004), IMM-4879-04 (F.C.) per Martineau J.; Mojzisik v. M.C.I.
(July 14, 2004), IMM-5779-04 (F.C.T.D.) per Sinder J.; Iliescu v. M.C.I.
(June 1, 2004), IMM-4725-04 (F.C.T.D.) per Kelen J.)
THIS COURT
ORDERS that this stay application against the execution of the removal
Order of the Applicants not be entertained.
“Michel M.J. Shore”
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