Docket: IMM-2128-11
Citation: 2011 FC 1492
Ottawa, Ontario, December 16,
2011
PRESENT: The Honourable Mr. Justice Rennie
BETWEEN:
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NOLY DELA ROSA MERCADO
CRISTINA TOLENTINO MERCADO
NORMAN CHRISTOPHER TOLENTINO MERCADO
NATHANIEL TOLENTINO MERCADO
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Applicants
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and
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MINISTER OF PUBLIC SAFETY
AND EMERGENCY PREPAREDNESS
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Respondent
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REASONS FOR JUDGMENT AND
JUDGMENT
[1]
The
applicants seek judicial review in respect of an April 1, 2011 decision by
an enforcement officer of the Canada Boarder Services Agency (CBSA), refusing
to defer removal of the applicants, then scheduled for April 7,
2011. The removal order was subsequently stayed by a judge of this Court.
[2]
The
removal order is spent and there is no other order extant. There are no
factors which warrant the exercise of discretion in favour of hearing this
application: Borowski v Canada (Attorney General), [1989] 1
SCR 342.
[3]
The
application for judicial review is dismissed.
[4]
There
is no question for certification.
JUDGMENT
THIS COURT’S JUDGMENT
is that
the application for judicial review be and is hereby
dismissed. No question for certification has been proposed and none arises.
"Donald
J. Rennie"
FEDERAL
COURT
SOLICITORS
OF RECORD
DOCKET: IMM-2128-11
STYLE OF
CAUSE: NOLY DELA ROSA MERCADO, CRISTINA
TOLENTINO MERCADO, NORMAN CHRISTOPHER TOLENTINO MERCADO, NATHANIEL TOLENTINO
MERCADO v. MINISTER OF PUBLIC SAFETY AND EMERGENCY PREPAREDNESS
PLACE OF HEARING: Toronto
DATE OF HEARING: December 8, 2011
REASONS FOR JUDGMENT
AND JUDGMENT: RENNIE J.
DATED: December 16, 2011
APPEARANCES:
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Mr. Dov
Maierovitz
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FOR THE APPLICANTS
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Ms. Margherita
Braccio
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FOR THE
RESPONDENT
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SOLICITORS OF RECORD:
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Gertler,
Etienne LLP
Toronto, Ontario
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FOR THE APPLICANTS
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Myles J. Kirvan,
Deputy Attorney General of Canada
Toronto, Ontario
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FOR THE
RESPONDENT
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