Date: 19990915
Docket: IMM-3847-99
BETWEEN:
GULSHAN KHAKOO
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 the notice of application within one week of the Court's disposition of this motion.
[2] I have reviewed the file that relates to different decisions rendered by immigration officers, judges of the Federal Court Trial Division and the Federal Court of Appeal.
[3] I have seen no affidavit from the applicant but an affidavit from the daughter and sponsor of the applicant in this proceeding.
[4] The affidavit of Nehaz Hassam and the memorandum of fact and law of the applicant are both referring to many decisions, even some that are still pending.
[5] Pursuant to the respondent's written representations in response to the applicant's motion, it appears that an appeal of the June 18, 1999 refusal on visa file: B-036950060, was filed with the Appeal Division of the Immigration and Refugee Board by Gulshan Khakoo's sponsor.
[6] It also appears that there is another outstanding application for permanent residence that has been brought on behalf Gulshan Khakoo; under section 114(2) of the Immigration Act, sponsored by the husband of Gulshan Khakoo.
[7] To say the less, the applicant is not precised of what decision she is attacking.
[8] The applicant has not included a draft notice of application.
[9] In my view, the applicant is seeking judicial review of an unspecified decision, or if the applicant seeks judicial review of the June 18, 1999 decision, the applicant should have said so, precisely.
[10] This Court is also wondering why the applicant is seeking judicial review of the June 18, 1999 decision "if she does so" and at the same time, the applicant filed an appeal with the Appeal Division of the Immigration and Refugee Board of that very decision.
[11] The applicant failed to convince the Court that an extension of time should be granted.
[12] For these reasons, THIS COURT ORDERS THAT:
This motion for extension of time be dismissed.
Pierre Blais
Judge
OTTAWA, ONTARIO
September 15, 1999
FEDERAL COURT OF CANADA TRIAL DIVISION
NAMES OF SOLICITORS AND SOLICITORS ON THE RECORD
COURT FILE NO.: IMM-3847-99
STYLE OF CAUSE: GULSHAN KHAKOO v. THE MINISTER OF CITIZENSHIP AND IMMIGRATION
MOTION DEALT WITH IN WRITING WITHOUT THE APPEARANCE OF THE PARTIES REASONS FOR ORDER OF THE HONOURABLE MR. JUSTICE BLAIS
DATED: September 15, 1999
WRITTEN REPRESENTATIONS BY:
Mr. Timothy E. Leahy FOR THE APPLICANT
Ms. Leena Jaakkimainen FOR THE RESPONDENT
SOLICITORS ON THE RECORD:
Mr. Timothy E. Leahy FOR THE APPLICANT Toronto, Ontario
Mr. Morris Rosenberg FOR THE RESPONDENT Deputy -Attorney General of Canada
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