Date: 20010817
Court File No.: IMM-5634-00
Neutral Citation: 2001 FCT 911
Ottawa, Ontario, this 17th day of August, 2001
PRESENT: THE HONOURABLE MR. JUSTICE BLANCHARD
BETWEEN:
DIEGO HERNAN ARCE
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER AND ORDER
Nature of Proceeding
[1] The applicant brought this motion for an extension of time to move to reconsider an order dismissing the application for leave, as well as for an extension of time to file an application record.
Facts
[2] On September 15, 2000, the applicant was denied refugee status in Canada by the Immigration and Refugee Board of Canada, Convention Refugee Determination Division ("CRDD").
[3] On October 30, 2000, the applicant filed an application for leave and judicial review of the CRDD's decision. Hence, the application record was due on November 30, 2000.
[4] On January 8, 2001, the application for leave was dismissed due to failure to file an application record.
[5] On May 28, 2001, the applicant filed a motion for an extension of time to move to reconsider the Court order of January 8, 2001 as well as for an extension of time to file an application record. This was done 51 days after the Court order was rendered.
[6] Larry Gabriel Colle states in his sworn affidavit of May 28, 2001, that the applicant did not file an application record on time since he did not have the means to pay for a lawyer and was unable to obtain Legal Aid.
Issues
1. Should the Court grant an extension of time to file a motion to reconsider?
2. If the extension is granted, should the motion for reconsideration be granted?
Analysis
[7] In dismissing the application for leave, the Court rendered a final decision. It is only in the narrowest of circumstances that the Federal Court Rules, 1998, SOR/98-106, allow a final decision be subject to further review.
[8] Rule 397 contemplates a reconsideration because of an oversight or an accidental omission on the part of the Court. Such mistakes can be corrected at any time by the Court.
[9] I am satisfied the materials filed by the applicants do not establish that this Court has either overlooked or accidentally failed to consider any relevant material or evidence.
[10] Even if I were satisfied that an extension of time to file a motion to reconsider were warranted, which I am not, the applicant's failure to bring themselves within the limited scope for reconsideration of an order, as provided for in Rule 397 of the Federal Court Rules, 1998, is sufficient to dispose of this motion.
[11] The applicant's motion will therefore be dismissed.
ORDER
THIS COURT ORDERS that:
1. The applicant's motion is dismissed.
"Edmond P. Blanchard"
Judge
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