Date: 20070404
Docket: IMM-6206-06
Citation: 2007
FC 366
Toronto, Ontario, April 4, 2007
PRESENT: The Honourable Mr. Justice Hughes
BETWEEN:
OMAR
OSNI AUBID
Applicant
and
THE
MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER AND ORDER
[1]
This is a
motion brought by the Applicant, who is now self-represented, to set aside the
Order of this Court dated February 27, 2007 wherein an earlier motion to set
aside the Order dismissing the Application, and for an extension of time to
bring that motion, was dismissed. Reasons were given 2007 FC 228.
[2]
This
second motion seeking, in effect to re-instate the Applicant’s application for
judicial review of a decision of the Immigration and Refugee Board, fails in
two respects. First, to set aside the Order of February 27, 2007, it is
required under Rule 399(2) of this Court to show that there was a matter
that arose or was discovered subsequent to the making of that Order that would
have a material effect such that the Order should be set aside. Second, to
receive an extension of time to make the present motion the jurisprudence
clearly indicates that the Applicant must show that there is some merit to the
matter, that there has been a continuing intention to pursue the matter, that
there is some reasonable explanation for the delay, and that the other party is
not seriously prejudiced (see e.g. Canada v. Hennelly, [1999] F.C.J. No.
846 (CA)).
[3]
As to
setting aside the Order of February 27, 2007, nothing in the evidence
shows that there was a matter that arose subsequently or was discovered
subsequently that would have a material effect on that Order. The essential
part of the Applicant’s affidavit states:
10.
I
believe that Mr. Agbarakwe (his solicitor) did not diligently pursue this
matter in a timely manner on my behalf and failed to follow up on my
Application as he Agreed. Because of this the matter became very complex and I
consulted more than 20 attorneys none of who wanted to take my case.
11.
I
filed a complaint and reported Mr. Agbarakwe to the LAW SOCIETY OF ALBERTA on March 16, 2007.
12.
I
have been informed by many lawyers and I believe same to be true, that the
grounds for the my refugee claim were membership in a particular social class
(sexual orientation) and political opinions with respect to Mexico and Syria.
13.
Many
lawyers have informed me and I believe same to be true, that the Immigration
and Refugee Board failed to consider the Applicant’s ground of sexual
orientation in its decision.
[4]
Thus, even
if an extension of time were granted to make this motion, it would fail.
[5]
As to an
extension of time, the fundamental matter at issue has no merit and the
Applicant has failed to show why he did not apply promptly with the motion to
set the Order aside. On either ground, and certainly both, the motion to extend
time is dismissed.
ORDER
For the above Reasons given;
THIS COURT ORDERS that:
1. The motion is dismissed;
2.
No Order as
to costs.
“Roger
T. Hughes”
FEDERAL COURT
NAMES OF COUNSEL AND
SOLICITORS OF RECORD
DOCKET: IMM-6206-06
STYLE
OF CAUSE: OMAR OSNI AUBID v. THE MINISTER OF
CITIZENSHIP
AND IMMIGRATION
CONSIDERED
AT TORONTO,
ONTARIO
REASONS
FOR ORDER
AND
ORDER: HUGHES J.
DATED: April 04, 2007
WRITTEN
REPRESENTATIONS BY:
Omar
Osni Aubid FOR THE APPLICANT (Self-Represented)
Camille
N. Audain FOR THE RESPONDENT
SOLICITORS
OF RECORD:
Omar
Osni Aubid
Edmonton,
Alberta FOR
THE APPLICANT (Self-Represented)
John
H. Sims, Q.C.
Deputy
Attorney General of Canada
Edmonton,
Alberta FOR
THE RESPONDENT
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