Adegboye v. Canada (Minister of Citizenship and Immigration), 2004 FC 1337

Date: 20040930

Docket: IMM-9599-03

Citation: 2004 FC 1337

Ottawa, Ontario, this 30th day of September, 2004

PRESENT:      THE HONOURABLE MR. JUSTICE JOHN A. O'KEEFE                      

BETWEEN:

                                                      ISRAEL AKIN ADEGBOYE

                                                                                                                                            Applicant

                                                                         - and -

                           THE MINISTER OF CITIZENSHIP AND IMMIGRATION

                                                                                                                                        Respondent

                                            REASONS FOR ORDER AND ORDER

O'KEEFE J.

[1]                This is a motion by the applicant for a reconsideration of the dismissal of the judicial review application. The applicant did not file an application record within the required time.

[2]                The applicant's affidavit states that the application record was not filed due to the fact that this requirement was omitted from the rules verbally given at the time of issuing and serving the application for judicial review.

[3]                The applicant has asked the Court to reconsider its decision. Unfortunately, Rule 397 of the Federal Court Rules, 1998, S.O.R./98-106, only allows the Court to reconsider its decision if it made a clerical error mistake or failed to consider something it ought to have considered. The error in this case was the failure of the applicant to file an application record within the time specified by the Rules. Thus, the record was not before the Court so it would not have overlooked the application record.

[4]                The Court simply does not have any jurisdiction to reconsider its order.

[5]                The applicant's motion must be dismissed as the Court has no jurisdiction to reconsider the matter.

                                                                       ORDER

[6]                IT IS ORDERED that the motion for reconsideration is dismissed due to lack of jurisdiction.

                                                                                                                               "John A. O'Keefe"              

                                                                                                                                                   J.F.C.                     

Ottawa, Ontario

September 30, 2004

                                                 FEDERAL COURT OF CANADA

                                                              TRIAL DIVISION

                            NAMES OF COUNSEL AND SOLICITORS OF RECORD

DOCKET:                                          IMM-9599-03

STYLE OF CAUSE:                          ISRAEL AKIN ADEGBOYE

- and -

THE MINISTER OF CITIZENSHIP

AND IMMIGRATION

MOTION DEALT WITH IN WRITING WITHOUT THE APPEARANCE

OF PARTIES

REASONS FOR ORDER AND ORDER OF O'KEEFE J.

DATED:                                             September 30, 2004

WRITTEN REPRESENTATIONS BY:

Israel Akin Adegboye, Self-Represented

FOR APPLICANT

Allison Phillips

FOR RESPONDENT

SOLICITORS OF RECORD:

Israel Akin Adegboye, Self-Represented

Toronto, Ontario

FOR APPLICANT

Morris Rosenberg, Q.C.

Deputy Attorney General of Canada

FOR RESPONDENT