Date: 19981210
Docket: IMM-2408-98
OTTAWA, ONTARIO, THIS 10TH DAY OF DECEMBER, 1998.
PRESENT: THE HONOURABLE MR. JUSTICE CULLEN
BETWEEN:
ROKIBUL HASAN
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
ORDER
UPON application by the applicant requesting reconsideration of the order of the Court dated September 22, 1998;
AND UPON reading the documents filed;
AND the respondent by letter dated July 20, 1998, advising it would not be filing submissions in response;
IT IS HEREBY ORDERED that the application for reconsideration of the order of the Court dated September 22, 1998 is dismissed.
J.F.C.C.
Date: 19981210
Docket: IMM-2408-98
BETWEEN:
ROKIBUL HASAN
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER
CULLEN J.:
This is a motion pursuant to Rule 397(1) of the Federal Court Rules, 1998 for an Order varying the Order of the Court dated September 22, 1998 which dismissed the application for leave and for judicial review. The applicant also seeks an Order for extension of time.
Having read the affidavit of Roxanna Escobar, I am satisfied that the extension of time be granted and so order.
Rule 397(1) is very narrow in the scope available to the applicant in that the error must have been made by the presiding judge, and no to argue the case for an application for leave and judicial review. What has been raised that couldn't have been raised at the application for leave stage.
The applicant has not established a ground that would warrant a reconsideration of the Court's Order dated September 22, 1998. The letter of July 20, 1998 indicating the respondent "was, in effect, not opposing the application for leave and judicial review" (applicant's representation) can hardly be a ground for reconsideration of the Court's Order, and is rather speculation of its effect by the applicant. And most certainly, the respondent is on the record as it "reserves the right to file submissions in response should leave be granted." (Exhibit A, Affidavit of Roxanna Escobar). No motion for reconsideration would or will be granted on speculation about what the respondent meant by its words.
No case having been made that the Court's Order of September 22, 1998, should be reconsidered pursuant to Rule 397(1) of the Federal Court Rules, 1998, the application is dismissed.
OTTAWA, ONTARIO B. Cullen
December 10, 1998. J.F.C.C.
FEDERAL COURT OF CANADA
TRIAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
COURT FILE NO.: IMM-2408-98
STYLE OF CAUSE: Rokibul Hasan v. M. C.1.
MOTION DEALT WITH IN WRITING WITHOUT THE APPEARANCE OF PARTIES
REASONS FOR ORDER BY: The Honourable Mr. Justice Cullen
DATED: December 10, 1998
WRITTEN REPRESENTATIONS BY:
Ms. Mary Tatham for the Applicant
Ms. Sudabeh Mashkuri for the Respondent
SOLICITORS OF RECORD:
Ms. Mary Tatham
Toronto, Ontario for the Applicant
Mr. Morris Rosenberg
Deputy Attorney General of Canada for the Respondent