JOSIANE ESTELLE BABA WALISI Applicant v. THE MINISTER OF CITIZENSHIP, 2012 FC 514

Date: 20120502 Docket: IMM-4025-12 Citation: 2012 FC 514 [UNREVISED ENGLISH CERTIFIED TRANSLATION] Ottawa , Ontario , May 2 , 2012 PRESENT: The Honourable Mr. Justice Shore BETWEEN: JOSIANE ESTELLE BABA WALISI Applicant and THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent REASONS FOR ORDER AND ORDER [ 1 ] A motion for a stay of removal is an application for relief of a discretionary nature.

An applicant has an obligation to appear before the Court with clean hands. [ 2 ] Following a search by the authorities of the applicant’s computer and an analysis of the data, it was discovered that the applicant had searched the internet for ways to kill a person by poisoning. [ 3 ] The applicant used Dilaudid, a derivative of morphine, which she allegedly administered to a child. [ 4 ] The applicant later pleaded guilty to the charge of attempted murder of her 18-month-old stepdaughter.

Currently, specialists are unable to determine the seriousness of the harm that was caused to the child. [ 5 ] The applicant was found guilty of attempted murder under paragraph 239(1) (

b) of the Criminal Code of Canada . [ 6 ] As a result of her actions, the Court has determined that the motion cannot be heard, in keeping with what the Federal Court of Appeal held in Canada (Minister of Citizenship and Immigration) v Thanabalasingham , 2006 FCA 14 : [9] ... Rather, the case law suggests that, if satisfied that an applicant has lied, or is otherwise guilty of misconduct, a reviewing court

may dismiss the application without proceeding to determine the merits or, even though having found reviewable error, decline to grant relief. [ 7 ] Therefore, the applicant’s motion for a stay of the removal order against her is dismissed. ORDER THE COURT ORDERS that the motion for a stay of the removal order made against the applicant be dismissed. “Michel M.J. Shore” Judge Certified true translation Sebastian Desbarats, Translator FEDERAL COURT SOLICITORS OF RECORD DOCKET: IMM-4025-12 STYLE OF CAUSE: JOSIANE ESTELLE BABA WALISI v THE MINISTER OF CITIZENSHIP AND IMMIGRATION MOTION IN WRITING CONSIDERED AT OTTAWA, ONTARIO PURSUANT TO RULE 369 REASONS FOR ORDER AND ORDER : SHORE J.

DATED: May 2, 2012 WRITTEN REPRESENTATIONS BY : Ibrahima Dabo FOR THE APPLICANT Michel Pépin FOR THE RESPONDENT SOLICITORS OF RECORD : Ibrahima Dabo, Attorney Québec, Quebec FOR THE APPLICANT Myles J. Kirvan Deputy Attorney General of Canada Montréal, Quebec FOR THE RESPONDENT