Date: 20020129
Docket: IMM-351-95
Neutral citation: 2002 FCT 110
BETWEEN:
MASSOUD MEHRI
Applicant
- and -
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
REASONS FOR ORDER AND ORDER
TEITELBAUM, J.:
[1] I have read the application for reconsideration filed by the Applicant. I have also read the documents in the Applicant's file presented to me by the Court Registry.
[2] I agree with the submissions of the Applicant that an Application for Reconsideration deals with inadvertent mistakes or omissions (Sivakumar v. Canada (1998), 150 F.T.R. 299).
[3] The mistake or omission that I allegedly made in dismissing the application for leave in 1995 is that I "did not consider whether or not there was humanitarian or compassionate grounds to allow Mr. Mehri leave to appeal the deportation order and pursue his efforts to remain in Canada".
[4] When I gave my Order on May 15, 1995 I first considered all the material before me. I also considered the issue of possible deportation of an individual as a very serious issue. After taking all the facts into consideration, I determined that the extension of time and application for leave should not be allowed.
ORDER
[5] I fail to see any reason to allow the present application for reconsideration. As I stated in my Order of May 15, 1995:
"Notwithstanding the fact that the Respondent has failed to file any documentation I see no merit to the Applicant's request for judicial review."
[6] With due respect to the Applicant's present submissions I am satisfied I did not err in my decision nor did I fail to consider any part that was before me on May 18, 1995.
[7] I also fail to see a valid reason for the Applicant to wait from May 15, 1995 to December 2001 to make the present application.
"Max M. Teitelbaum"
J.F.C.C.
CALGARY, Alberta
January 29, 2002
FEDERAL COURT OF CANADA
TRIAL DIVISION
Date: 20020129
Docket: IMM-351-95
BETWEEN:
MASSOUD MEHRI
Applicant
- and -
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
REASONS FOR ORDER AND ORDER
FEDERAL COURT OF CANADA
TRIAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: IMM-351-95
STYLE OF CAUSE: MASSOUD MEHRI v. MCI
DEALT WITH IN WRITING PURSUANT TO RULE 369
REASONS FOR ORDER AND ORDER OF TEITELBAUM, J.
DATED: January 29, 2002
WRITTEN SUBMISSIONS BY:
Mr. Norain A. Mohamed FOR THE APPLICANT
Ms. Tracy J. King FOR THE RESPONDENT
SOLICITORS OF RECORD:
Mr. Norain A. Mohamed
Calgary, Alberta FOR THE APPLICANT
Mr. Morris Rosenberg
Deputy Attorney General of Canada FOR THE RESPONDENT
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