Federal Court Decisions

Decision Information

Canadian Council for Refugees v. Canada

Court (s) Database Federal Court Decisions
Date 2007-04-11
Neutral citation 2007 FC 375
File numbers IMM-7818-05

Decision Content

 

 

 

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”

Judge

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:

 

Ms. Barbara Jackman

Mr. Andrew Brouwer

Ms. Leigh Salsberg

 

FOR THE APPLICANTS,

CANADIAN COUNCIL FOR REFUGEES, CANADIAN COUNCIL OF CHURCHES and JOHN DOE

 

Mr. Lorne Waldman

FOR THE APPLICANT,

AMNESTY INTERNATIONAL

 

Mr. David Lucas

Mr. François Joyal

Mr. Greg George

Ms. Matina Karvellas

 

FOR THE RESPONDENT

 

SOLICITORS OF RECORD:

 

JACKMAN & ASSOCIATES

Barristers & Solicitors

Toronto, Ontario

 

FOR THE APPLICANTS,

CANADIAN COUNCIL FOR REFUGEES, CANADIAN COUNCIL OF CHURCHES and JOHN DOE

 

WALDMAN & ASSOCIATES

Barristers & Solicitors

Toronto, Ontario

 

FOR THE APPLICANT,

AMNESTY INTERNATIONAL

MR. JOHN H. SIMS, Q.C.

Deputy Attorney General of Canada

Toronto, Ontario

FOR THE RESPONDENT

 

 

 

 

 

 

 

 

 

 

 

 

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