Date: 20020326
Docket: IMM-2809-01
Neutral citation: 2002 FCT 341
Toronto, Ontario, Tuesday, the 26th day of March, 2002
PRESENT: THE HONOURABLE MR. JUSTICE JOHN A. O'KEEFE
BETWEEN:
INDRANIL NANDA
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER AND ORDER
[1] The applicant has made this motion under Rule 369 of the Federal Court Rules, 1998 for reconsideration pursuant to Rule 397(1) of my order dated September 14, 2001 wherein I dismissed the applicant's application for leave to commence judicial review of a decision of the Immigration and Refugee Board, Convention Refugee Determination Division ("CRDD"). The applicant also seeks an extension of time to file the motion.
[2] Firstly, based on the applicant's material, I am satisfied that since he only received notice of my decision on October 2, 2001 and his application for reconsideration was filed on October 15, 2001, I am prepared to grant the applicant an extension of time to October 15, 2001 to file this motion.
[3] A review of the file material shows that the issue of whether or not the sponsorship could be withdrawn or not was not dealt with. In my opinion, this issue should be dealt with by the Court.
[4] For this reason, I am prepared to reconsider my earlier decision to not grant leave, and grant leave in this case.
ORDER
IT IS ORDERED THAT:
1. An extension of time to October 15, 2001 be granted to file this motion.
2. Leave is granted and the application for judicial review is deemed to have been commenced.
3. The hearing of the application for judicial review is hereby fixed for Wednesday, the 12th day of June, 2002 to commence at 11:00 a.m., in the City of Toronto, Province of Ontario, for a duration not exceeding two (2) hours;
4. The hearing shall be conducted in the English language;
5. The Tribunal shall send copies of its record to the parties and Registry of the Court on or before April 17, 2002;
6. Further affidavits, if any, shall be served and filed by the applicant on or before April 26, 2002;
7. Further affidavits, if any, shall be served and filed by the respondent on or before May 3, 2002;
8. Cross-examinations, if any, on affidavits shall be completed on or before May 14, 2002;
9. The applicant's further memorandum of argument, if any, shall be served and filed on or before May 22, 2002;
10. The respondent's further memorandum of argument, if any, shall be served and filed on or before May 31, 2002;
11. The transcripts of cross-examinations, if any, shall be filed on or before June 6, 2002.
"John A. O'Keefe"
J.F.C.C.
Toronto, Ontario
March 26, 2002
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
COURT NO: IMM-2809-01
STYLE OF CAUSE: INDRANIL NANDA
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND
IMMIGRATION
Respondent
CONSIDERED AT TORONTO, ONTARIO PURSUANT TO RULE 369
REASONS FOR ORDER
AND ORDER BY: O'KEEFE J.
DATED: TUESDAY, MARCH 26, 2002
WRITTEN SUBMISSIONS BY: Mr. Indranil Nanda
The Applicant on His Own Behalf
Mr. Negar Hashemi
For the Respondent
SOLICITORS OF RECORD: Mr. Indranil Nanda
3 Ardell Avenue
Scarborough, Ontario
M1L 1K7
The Applicant on His Own Behalf
Morris Rosenberg
Deputy Attorney General of Canada
For the Respondent
FEDERAL COURT OF CANADA
Date: 20020326
Docket: IMM-2809-01
BETWEEN:
INDRANIL NANDA
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND
IMMIGRATION
Respondent
REASONS FOR ORDER
AND ORDER
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