Federal Court Decisions

Decision Information

Ghazal v. Canada (Public Safety and Emergency Preparedness)

Court (s) Database Federal Court Decisions
Date 2012-11-15
Neutral citation 2012 FC 1323
File numbers IMM-11628-12

Decision Content

 

 

Date: 20121115

Docket: IMM-11628-12

Citation: 2012 FC 1323

[UNREVISED ENGLISH CERTIFIED TRANSLATION]

Ottawa, Ontario, November 15, 2012

PRESENT: The Honourable Mr. Justice Shore

 

BETWEEN:

 

OMAR GHAZAL

 

 

 

Applicant

 

and

 

 

 

THE MINISTER OF PUBLIC SAFETY AND EMERGENCY PREPAREDNESS

 

Respondent

 

 

 

 

 

 

 

           REASONS FOR ORDER AND ORDER

 

[1]               A stay is requested with respect to the applicant’s removal scheduled for today, November 15, 2012. The respondent was served a few minutes before the end of the working day on November 14, 2012; yesterday.

 

[2]               As a result of his criminal past, the applicant is inadmissible on grounds of serious criminality having been convicted in Canada of an offence under an Act of Parliament punishable by a maximum term of imprisonment of at least ten years for fraud and narcotics.

 

[3]               The applicant’s case history shows that he is the subject of a removal order; the applicant did not appear for a prior departure scheduled for August 24, 2012. The applicant presented the police with a fake identity.

 

[4]               A stay of the removal is an injunction, therefore an exceptional measure. It is a measure that is not granted to a person who does not have clean hands.

 

[5]               Knowing that the applicant did not appear for his last removal date, with his criminal past and that he was arrested and detained to ensure that he not become illegal again is sufficient to refuse to hear the stay motion (see Brunton v Canada (Minister of Public Safety and Emergency Preparedness), 2006 FC 33 at paragraphs 4-6).

 

[6]               For all of these reasons, the Court will not hear the motion.

 

 

ORDER

 

THE COURT ORDERS that the stay motion will not be heard.

 

“Michel M.J. Shore”

Judge

 

 

 

Certified true translation

Janine Anderson, Translator

FEDERAL COURT

 

SOLICITORS OF RECORD

 

 

DOCKET:                                         IMM-11628-12

 

STYLE OF CAUSE:                        OMAR GHAZAL v THE MINISTER OF PUBLIC SAFETY AND EMERGENCY PREPAREDNESS

 

 

 

MOTION IN WRITING CONSIDERED AT OTTAWA, ONTARIO PURSUANT TO RULE 369

 

REASONS FOR ORDER

AND ORDER:                                  SHORE J.

 

DATED:                                            November 15, 2012

 

 

 

WRITTEN REPRESENTATIONS BY:

 

Anthony Karkar

 

FOR THE APPLICANT

 

Suzanne Trudel

FOR THE RESPONDENT

 

SOLICITORS OF RECORD:

 

Anthony Karkar

Counsel

Montréal, Quebec

FOR THE APPLICANT

 

 

 

Myles J. Kirvan

Deputy Attorney General of Canada

Montréal, Quebec

 

FOR THE RESPONDENT

 

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