IMM-2641-95
Ottawa, Ontario, December 20, 1996
Present: Mr. Justice Muldoon
Between:
HAMED FAZELI,
Applicant,
and
MINISTER OF CITIZENSHIP
AND IMMIGRATION,
Respondent.
ORDER
The applicant having failed to prosecute the application, and for the reasons set out and attached to this order,
THE COURT ORDERS that the application for leave to commence an application for judicial review filed by the applicant on September 28, 1995, be and it is hereby dismissed.
F.C. Muldoon
Judge
Certified true translation
C. Delon, LL.L.
IMM-2641-95
Between:
HAMED FAZELI,
Applicant,
and
MINISTER OF CITIZENSHIP
AND IMMIGRATION,
Respondent.
REASONS FOR ORDER
Muldoon J.
On September 28, 1995, Hamed Fazeli, the applicant, filed an application for leave to commence an application for judicial review. In that application the applicant was seeking a writ of certiorari to set aside the decision made on September 7, 1996, by the post claims determination officer.
Leave was granted by Madam Justice McGillis on February 1, 1996. On March 13, 1996, counsel for the applicant filed an motion seeking to be removed from the record. In her notice of motion, she stated that the disappearance of the applicant prevented her from properly and adequately performing the services for which she had been retained. Mr. Justice Denault granted that motion on March 18, 1996.
On October 16, 1996, having been informed of the fact that the applicant had still not retained new counsel and that he had not indicated that he would be representing himself, the Associate Chief Justice ordered him to show cause in writing, before November 15, 1996, why his application for judicial review should not be dismissed summarily for want of prosecution.
The documents in the record establish that the Court Registry tried in vain to serve the applicant with a copy of the order of the Associate Chief Justice. An envelope was sent to his last known address on October 28, 1996. It was returned on November 19, 1996. The notation "unclaimed" appears thereon. The applicant has never done what the order enjoined him to do.
There is nothing in the record to suggest that the applicant is still in Canada or, at the very least, that he intends to go ahead with his application for judicial review. For these reasons, the Court dismisses the application for judicial review filed by the applicant on September 28, 1995.
F.C. Muldoon
Judge
Ottawa, Ontario
December 20, 1996
Certified true translation
C. Delon, LL.L.
FEDERAL COURT OF CANADA
TRIAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
COURT FILE NO: IMM-2641-95
STYLE OF CAUSE: Hamed Fazeli v. M.C.I.
REASONS FOR ORDER OF MULDOON J.
DATED DECEMBER 20, 1996
APPEARANCES:
Hamed Fazeli FOR HIMSELF
Michel Synnott FOR THE RESPONDENT
SOLICITORS OF RECORD:
Hamed Fazeli FOR HIMSELF
Montréal, Quebec
George Thomson FOR THE RESPONDENT
Deputy Attorney General of Canada
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