Date: 20040930
Docket: IMM-9599-03
Citation: 2004 FC 1337
Ottawa, Ontario, this 30th day of September, 2004
PRESENT: THE HONOURABLE MR. JUSTICE JOHN A. O'KEEFE
BETWEEN:
ISRAEL AKIN ADEGBOYE
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER AND ORDER
O'KEEFE J.
[1] This is a motion by the applicant for a reconsideration of the dismissal of the judicial review application. The applicant did not file an application record within the required time.
[2] The applicant's affidavit states that the application record was not filed due to the fact that this requirement was omitted from the rules verbally given at the time of issuing and serving the application for judicial review.
[3] The applicant has asked the Court to reconsider its decision. Unfortunately, Rule 397 of the Federal Court Rules, 1998, S.O.R./98-106, only allows the Court to reconsider its decision if it made a clerical error mistake or failed to consider something it ought to have considered. The error in this case was the failure of the applicant to file an application record within the time specified by the Rules. Thus, the record was not before the Court so it would not have overlooked the application record.
[4] The Court simply does not have any jurisdiction to reconsider its order.
[5] The applicant's motion must be dismissed as the Court has no jurisdiction to reconsider the matter.
ORDER
[6] IT IS ORDERED that the motion for reconsideration is dismissed due to lack of jurisdiction.
"John A. O'Keefe"
J.F.C.
Ottawa, Ontario
September 30, 2004
FEDERAL COURT OF CANADA
TRIAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: IMM-9599-03
STYLE OF CAUSE: ISRAEL AKIN ADEGBOYE
- and -
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
MOTION DEALT WITH IN WRITING WITHOUT THE APPEARANCE
OF PARTIES
REASONS FOR ORDER AND ORDER OF O'KEEFE J.
WRITTEN REPRESENTATIONS BY:
Israel Akin Adegboye, Self-Represented
FOR APPLICANT
Allison Phillips
FOR RESPONDENT
SOLICITORS OF RECORD:
Israel Akin Adegboye, Self-Represented
Toronto, Ontario
FOR APPLICANT
Morris Rosenberg, Q.C.
Deputy Attorney General of Canada
FOR RESPONDENT