Tawanapoor v. Canada (Minister of Citizenship and Immigration), docket IMM-279-97

     IMM-279-97

B E T W E E N:

     ALI TAWANAPOOR

     Applicant

     - and -

     THE MINISTER OF CITIZENSHIP AND IMMIGRATION

     Respondent

     REASONS FOR ORDER AND ORDER

GILES, A.S.P.:

     As is so often the case, it appears that nothing was done on this file to further the preparation of an Applicant's Record while all concerned waited to see if Legal Aid would be granted. Waiting for Legal Aid does not excuse delay in filing in the usual case. There is no evidence before me as to when Legal Aid was applied for, nor as to whether there was some special reason that it took so long to get an answer from Legal Aid.

     For an application for an extension of time to file a record to be successful, the applicant must not only excuse all of the delay, but must also show that evidence exists to support an arguable case for leave. This has not been done, so the motion for an extension will be dismissed.

     Because the applicant is representing himself, I will grant him leave to reapply for an extension of time on or before June 1st, 1997. Such application must be supported by the necessary affidavit evidence, by the applicant's submissions in support of the new application for an extension. Filing a Reply is not the proper way to submit the applicant's argument.

ORDER

     The motion for an extension of time is dismissed with leave to reapply for an extension of time on proper evidence on or before June 1st, 1997.

"Peter A.K. Giles"

A.S.P.

Toronto, Ontario

May 9, 1997

     FEDERAL COURT OF CANADA

     Names of Counsel and Solicitors of Record

COURT NO:                  IMM-279-97

STYLE OF CAUSE:              ALI TAWANAPOOR

                     - and -

                     AND IMMIGRATION

CONSIDERED AT TORONTO, ONTARIO UNDER THE PROVISION OF RULE 324.

REASONS FOR ORDER

AND ORDER BY:              GILES, A.S.P.

DATED:                  MAY 9, 1997

SOLICITORS OF RECORD:

                     Mr. Harvey Savage

                     Jackman & Associates

                     Barristers and Solicitors

                     Suite 200

                     196 Adelaide Street West

                     Toronto, Ontario

                     M5H 1W7

                         For the Applicant

                     George Thomson

                     Deputy Attorney General

                     of Canada

                         For the Respondent

                     FEDERAL COURT OF CANADA

                     Court No.      IMM-279-97

                     Between:

                     ALI TAWANAPOOR

                                 Applicants

                     - and -

                     AND IMMIGRATION

                         Respondent

                     REASONS FOR ORDER & ORDER