IMM-2007-97
B E T W E E N:
AKEEM OLUFEMI FOLORUNSHO
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER AND ORDER
ROTHSTEIN J.:
UPON motion dated the 16th day of May, 1997, on behalf of the Applicant, for a stay of the execution of the removal order against the Applicant, under which order the Applicant was directed to report to Canadian Immigration Centre, Pearson International Airport, Terminal Three (3), Ontario, on June 3, 1997, at 4:30 PM., for removal from Canada to Nigeria;
UPON hearing counsel for the parties;
AND UPON there being two potential serious issues;
1. The refusal of immigration officer Sanjeev Verma to refer the applicant's refugee claim to the Immigration and Refugee Board.
2. The non-referral to the Immigration and Refugee Board in 1991 of the applicant's refugee claim made at that time. The applicant says that had the refugee claim been referred, even though it was subsequently withdrawn, it could be revived notwithstanding s. 44(1) of the Immigration Act.
In respect of the first issue, s. 44(1) precludes a refugee claim by a person against whom a removal order has been made but not executed. In this case a deportation order issued on May 14, 1996. There is no serious issue here.
In respect of the second issue, there is no evidence to indicate why the refugee claim was not referred to the Immigration and Refugee Board before it was withdrawn in March 1992. The Immigration Act specifies no time limit for referral. I cannot see a serious issue with respect to the 1991 refugee claim.
IT IS HEREBY ORDERED
The stay application is dismissed.
"Marshall E. Rothstein"
Judge
Toronto, Ontario
May 26, 1997
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
COURT NO: IMM-2007-97
STYLE OF CAUSE: AKEEM OLUFEMI FOLORUNSHO
- and -
| THE MINISTER OF CITIZENSHIP AND IMMIGRATION |
DATE OF HEARING: MAY 26, 1997
PLACE OF HEARING: TORONTO, ONTARIO
REASONS FOR ORDER
AND ORDER BY: ROTHSTEIN, J.
DATED: MAY 26, 1997
APPEARANCES:
Mr. Todd E. Gotlieb
For the Applicant
Mr. Godwin Friday
For the Respondent
SOLICITORS OF RECORD:
Conway Kleinman Kornhauser & Gotlieb
503-390 Bay Street
Toronto, Ontario
M5H 2Y2
For the Applicant
George Thomson
Deputy Attorney General
of Canada
For the Respondent
FEDERAL COURT OF CANADA
Court No.: IMM-2007-97
Between:
AKEEM OLUFEMI FOLORUNSHO
Applicant
- and -
| THE MINISTER OF CITIZENSHIP AND IMMIGRATION |
Respondent
REASONS FOR ORDER AND ORDER