Date: 19981202
Docket: IMM-2335-98
BETWEEN:
WELDEAB TEWELDE
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER AND ORDER
BLAIS J.
[1] This is a motion for an order granting an appeal from the decision of the Prothonotary John Hargrave, dated November 10, 1998, that the applicant shall pay to the respondent costs in the amount of $400.00.
[2] The prothonotary has rendered a decision on November 10, 1998 granting an extension of time for ten days allowing the applicant to file his record.
[3] The prothonotary also ordered that the applicant shall forthwith pay to the respondent costs in the amount of $400.00.
[4] The prothonotary, in his decision, has mentioned reasons and particularly the fact that the applicant failed to set out the existence of an arguable case in the record of his motion and that the respondent had opposed the motion on that basis.
[5] The respondent had filed material in opposition to the motion because the motion was not set out the way it had to be.
[6] Rule 22 of the Federal Court Immigration Rules 1993 mentioned :
22. No costs shall be awarded to or payable by any party in respect of an application or an appeal under these Rules unless the Court, for special reasons, so orders.
22. Sauf ordonnance contraire rendue par un juge pour des raisons spéciales, la demande ou l'appel introduit en application des présentes règles ne donne pas lieu à des dépens.
[7] The prothonotary has rendered his decision in accordance with section 22 of the Federal Court Immigration Rules 1993.
[8] The decision is also in accordance with Rule 410(2) of the Federal Court Rules 1998.
[9] I see no reasons to intervene to modify the prothonotary"s decision.
[10] For these reasons, THIS COURT ORDERS that:
The applicant"s motion be dismissed.
Pierre Blais
Judge
OTTAWA, ONTARIO
DECEMBER 2, 1998
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