Date: 19991104
Docket: IMM-3936-99
BETWEEN:
RAUF TARIQ
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER AND ORDER
BLAIS J.
[1] This is a motion for an extension of time to file and serve the applicant"s application for leave and for judicial review, pursuant to Rule 7 of the Federal Court Immigration Rules (1993) .
[2] In this case, the applicant had been informed of the decision on July 26, 1999.
[3] Pursuant to the affidavit of Rishma N. Shariff, solicitor for the applicant, the solicitor was of the belief that because the Holiday fell within the 15 day time period specified by the Immigration Act, section 82.1, the applicant had one extra day within which to file his application for leave.
[4] Counsel for the applicant suggests that it is only when he read the respondent"s memorandum of argument after October 4, 1999, that he realized that the timely filing of the application for leave and judicial review was still an issue.
[5] Counsel for applicant suggests that he was of the belief that the application for leave and judicial review had been filed in a timely manner. This belief was under scored by the acceptance of the application by the clerk and the Court, by the acceptance of service of the application by respondent, and by the filing and serving of a notice of appearance by the respondent.
[6] The respondent points out that the applicant states in his application that he became aware of the decision on or about July 26, 1999 and that the application for leave was filed August 11, 1999.
[7] Obviously, August 11, is outside the 15 day time period.
[8] The respondent suggests that Rule 7 of the Federal Court Immigration Rules (1993) also requires that an application for leave under subsection 82.1(3) must be served by certified copy on the respondent. In this case, personal service was effected on the respondent on August 12, 1999.
[9] Rule 6 of the Federal Court Immigration Rules (1993) states that "where an extension of time under subsection 82.1(5) of the Act is required, the applicant shall apply for the extension of time and the application for leave". Counsel for the respondent also refers to the jurisprudence.1
[10] I am not satisfied that the applicant has offered good reasons to file his application outside the 15 day time period.
[11] THIS COURT ORDERS THAT:
| The motion for an extension of time to file the applicant"s application for leave and judicial review be dismissed. |
Pierre Blais
Judge
OTTAWA, ONTARIO
November 4, 1999
__________________
1 Canada (Min of Citizenship & Immigration) v. Dhaliwal-Williams (1996), 116 F.T.R. 251 (T.D.).
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