Katalin v. Canada (Minister of Citizenship and Immigration), docket IMM-4033-00

Date: 20001103

Docket: IMM-4033-00

BETWEEN:

SCHLAI KATALIN

Applicant

-and-

THE MINISTER OF

CITIZENSHIP AND IMMIGRATION

Respondent

     REASONS FOR ORDER AND ORDER

GILES A.S.P.

[1]      The Applicant has moved for an extension of time within which to file his record. The Applicant filed his motion record on October 3^rd, 2000. The application record had been due on August 31^st, 2000. The delay is not explained. The Applicant states he has an arguable case and submits two documents which he states supports his affidavit and presumably the statement that he has an arguable case, which documents were apparently not before the Tribunal.

[2]      This proceeding is a judicial review and impugns the hearing of the Tribunal it is not an appeal or a trial de novo on the merits. There is nothing in the affidavit which would tend to impugn the Tribunal proceeding.

[3]      There is also nothing in the Applicant's submissions which explain a five week delay in bringing this motion. However, the Respondent's motion record casts some light on the five weeks. It appears that the Applicant had brought an earlier motion for an extension which was dismissed on October 3^rd, 2000. The Respondent submits and I agree that the matter before me is res judicata. That is to say, the same issue on the same relevant facts has already been decided by a competent court.

[4]      The motion before me must therefore be dismissed. In such circumstances, I would have been inclined to grant costs. But, as they were not asked for I will not award them.

ORDER

[5]      The motion for an extension of time to file the Applicant's record is dismissed.

                                 "Peter A. K. Giles"

     A.S.P.

Toronto, Ontario

November 3, 2000

FEDERAL COURT OF CANADA

     Names of Counsel and Solicitors of Record

COURT NO:                      IMM-4033-00

STYLE OF CAUSE:                  SCHLAI KATALIN

     Applicant

- and -

THE MINISTER OF CITIZENSHIP

                         AND IMMIGRATION

     Respondent

MATTER CONSIDERED AT TORONTO, ONTARIO PURSUANT TO RULE 369

REASONS FOR ORDER

AND ORDER BY:                  GILES A.S.P.

                            

DATED:                      FRIDAY, NOVEMBER 3, 2000

WRITTEN SUBMISSIONS:          Katalin Schlai

For the Applicant, on their own behalf

Martin Anderson

For the Respondent

SOLICITORS OF RECORD          Schlai Katalin

                         296 Eglinton Ave. West

                         Toronto, Ontario

                         M4R 1R2

For the Applicant, on their own behalf

Morris Rosenberg

Deputy Attorney General of Canada

For the Respondent

                         FEDERAL COURT OF CANADA

                                 Date: 20001103

         Docket: IMM-4033-00

                         Between:

SCHLAI KATALIN

     Applicant

                         - and -

THE MINISTER OF CITIZENSHIP

                         AND IMMIGRATION

     Respondent

                    

                        

        

REASONS FOR ORDER

AND ORDER