Date: 19980123
Docket: IMM-3683-97
PRESENT: THE HONOURABLE MR. JUSTICE TEITELBAUM
BETWEEN:
ANDREW ADRIAN FORBES
Applicant
- and -
MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
ORDER AND REASONS FOR ORDER
On or about August 27, 1997, the applicant, Andrew Adrian Forbes, served and filed into the Federal Court Registry an Application for Leave and for Judicial Review of a decision dated July 24, 1997 made by Virginia Bartley wherein the appeal of the applicant against a removal order made against the applicant was dismissed. The Order arising from the decision is dated, according to the Application for Leave, August 5, 1997 and received by the applicant on August 13, 1997.
On January 16, 1998, after a complete review of the material filed by both the applicant and the respondent, I dismissed the Application for Leave and for Judicial Review.
On January 20, 1998, the applicant filed a Notice of Motion pursuant to Rules 324 and 337(5) of the Federal Court Rules requesting a reconsideration of my January 16, 1998 Order.
According to the Notice of Motion, the applicant states that he relies on the Supplementary affidavit of the applicant sworn to on January 15, 1998 and the affidavit of the applicant sworn to on January 15, 1998 and the affidavit of the applicant's ex-wife Pauline Watson sworn to on January 15, 1998.
In a letter dated January 21, 1998 to the Registrar of the Court, counsel for the applicant states:
| I am acting on behalf of ANDREW FORBES, who made an Application for Leave and for Judicial Review of a decision of a Member of the Appeal Division of the Immigration and Refuge Board, in August, 1997, in IMM-3683-97. |
| On or about January 9, 1998, the Applicant received a Removal Notice indicating that he would be removed January 29, 1998. He instructed me to file a Motion for an order for interim stay, pending disposition of the Leave Application. On Monday January 19, 1998, I attended at the Federal Court Registry in Toronto to file the Motion for Stay, and it was determined from the computer that an order had been rendered by Justice Teitelbaum on January 16, 1998, dismissing the Leave Application. As of the date of this letter, however, my office has not as yet received a certified copy of the order. My client believes that several matters may not have been considered by Justice Teitelbaum, and has asked me to file a Motion for Reconsideration pursuant to Rule 337(5), which is enclosed with this letter. He has also instructed me to proceed with a Motion for stay, pending reconsideration, and I have prepared the Motion for stay. |
| I am asking the Court for directions as to how to proceed in these matters. Both Motion materials are ready for filing, except for the Motion for reconsideration, in respect of which an additional Affidavit is to be filed. Thank you for your assistance. |
It is to be noted that in the Notice of Motion for reconsideration there is no mention of an "additional affidavit", mention is only made of the applicant's supplemental affidavit and the affidavit of the applicant's ex-wife.
I have not received, as of 2:00 p.m. on Friday, January 23, 1998, any "additional affidavit" from either the applicant or his counsel.
Basing myself on the supplemental affidavit of the applicant and the affidavit filed by the applicant's ex-wife, I see no reason to reconsider my Order of January 16, 1998 dismissing the applicant's application for leave and judicial review.
The application for reconsideration is denied.
"Max M. Teitelbaum"
J.F.C.C.