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 -
| THE MINISTER OF CITIZENSHIP |
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 -
| THE MINISTER OF CITIZENSHIP |
AND IMMIGRATION
Respondent
REASONS FOR ORDER & ORDER