Date: 19980309
Docket: IMM-403-98
BETWEEN:
FARHAD JAVIDI PARSIJANI
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER AND ORDER
GILES, A.S.P.:
[1] The circumstances set forth in the affidavit supporting the application for an extension of time within which to file the Applicant's Record reveal that, the Applicant's lawyer did not fully appreciate the importance of complying with the time limits set forth in the Federal Court Immigration Rules.
[2] In Chin v. Canada (1993), 22 Imm. L.R. (2d) 136, it was pointed out that the fact that counsel was going out of town did not excuse delay. It was also pointed out in that case, the work load is no excuse for delay.
[3] The Court follows the practice of requiring that all of the delay be excused and that the evidence of an arguable case (for leave in this case) exists before an extension can be granted.
[4] In this case the delay of the Department in making the Applicant's file available, has in my view, not only been an unreasonable cause for delay, but also has made it unlikely that the Applicant has any evidence to support a case for leave. Because access to the file was sought very promptly and the delay in making the file available could not have been anticipated, I find it appropriate to grant an extension. Presuming that the file will have been made available on March 10th, 1998, the time for serving and filing the Applicant's Record with proof of service will be extended to April 8th, 1998.
ORDER
The time for filing the Applicant's Record is extended to the 8th day of April, 1998.
"Peter A.K. Giles"
A.S.P.
Toronto, Ontario
March 9, 1998
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
DOCKET: IMM-403-98
STYLE OF CAUSE: FARHAD JAVIDI PARSIJANI
- and -
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
CONSIDERED AT TORONTO, ONTARIO UNDER THE PROVISION OF RULE 324.
REASONS FOR ORDER
AND ORDER BY: GILES, A.S.P.
DATED: MARCH 9, 1998
SOLICITORS OF RECORD:
Ms. Constance Nakatsu
Barrister and Solicitor
45 St. Nicholas Street
Toronto, Ontario
M4Y 1W6
For the Applicant
George Thomson
Deputy Attorney General
of Canada
For the Respondent
FEDERAL COURT OF CANADA
Date: 19980309
Docket: IMM-403-98
Between:
FARHAD JAVIDI PARSIJANI
Applicant
- and -
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
REASONS FOR ORDER AND ORDER
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