Mobtagha v. Minister of Employment and Immigration, (1992) 53 F.T.R. 249 (TD)

• Judge: Rouleau, J.
• Court: Federal Court (Canada)
• Case Date: February 04, 1992
• Jurisdiction: Canada (Federal)
• Citations: (1992), 53 F.T.R. 249 (TD)

Mobtagha v. MEI (1992), 53 F.T.R. 249 (TD)

MLB headnote and full text

[French language version follows English language version]

[La version française vient à la suite de la version anglaise]

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Zartosht Mobtagha (applicant) v. Minister of Employment and Immigration (respondent)

(92-T-24)

Indexed As: Mobtagha v. Minister of Employment and Immigration

Federal Court of Canada

Trial Division

Rouleau, J.

February 10, 1992.

Summary:

An alien applied for prohibition to prohibit execution of a deportation order on the ground that he was subject to a custody order of the Lieutenant Governor.

The Federal Court of Canada, Trial Divi­sion, dismissed the application.

Aliens - Topic 1798

Exclusion and expulsion - Deportation of persons in Canada - Deportation order - Execution precluded where another order would be violated - After being found not guilty of criminal charges by reason of insanity, an Iranian citizen was placed under a custody order of the Lieutenant Governor of Quebec - He applied to pro­hibit a deportation order on the ground that its execution would contravene an order made in Canada by a judicial body con­trary to s. 50 of the Immigration Act - The Federal Court of Canada, Trial Divi­sion, held that execution of the deportation order did not contravene s. 50.

Cases Noticed:

Wood v. Minister of Employment and Immigration (1986), 2 F.T.R. 58, refd to. [para. 4].

Statutes Noticed:

Immigration Act, R.S.C. 1985, c. I-7, sect. 50 [para. 2]; sect. 50(1)(a) [para. 3].

Counsel:

Marc Tremblay, for the applicant;

Lisa Armano, for the respondent.

Solicitors of Record:

Daigneault et Tremblay, Montreal, Quebec, for the applicant;

John C. Tait, Q.C., Deputy Attorney Gen­eral of Canada, Ottawa, Ontario, for the respondent.

This application was heard on February 4, 1992, at Montreal, Quebec, before Rouleau, J., of the Federal Court of Canada, Trial Division, who delivered the following judg­ment on February 10, 1992.