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     IMM-1114-96

     OTTAWA, ONTARIO, THIS 6TH DAY OF MARCH, 1997.

     BEFORE: THE HONOURABLE MR. JUSTICE TEITELBAUM

BETWEEN:

     BARIO MENESES

     Applicant

     - and -

     THE MINISTER OF CITIZENSHIP AND IMMIGRATION

     Respondent

     ORDER AND REASONS FOR ORDER

     I have had an opportunity to read the submissions filed by the applicant for extension of time to file an application for reconsideration of my Order of September 30, 1996.

     I am in complete agreement with the submissions of the respondent. The fact that Reed J. in Williams v. M.C.I. (F.C.T.D. October 18, 1996, IMM-3320-95) decided that in the circumstances of the case before her, the principles of fundamental justice, natural justice and fairness are not met, has no relationship with the case that was before me.

     I adopt the words of Madame Justice McGillis in the case of Davis v. M.C.I. (F.C.T.D. November 19, 1996, IMM-2767-96):

             Upon considering the motion for reconsideration of my earlier Order dated September 13, 1996, I have reviewed all of the documentation submitted on the motion, as well as the records of the Applicant and the Respondent filed on the application for leave and for judicial review. I have also read the Reasons for Order dated October 18, 1996 and the Order dated October 29, 1996 of Reed J. in Williams v. M.C.I., file IMM-3320-95. In my opinion, the Applicant has failed to establish that my earlier Order should be reconsidered on one or both of the grounds delineated in Rule 337(5) of the Federal Court Rules.             

     The application for reconsideration and extension of time is denied.

     M. Teitelbaum

    

     JUDGE


FEDERAL COURT OF CANADA TRIAL DIVISION

NAMES OF SOLICITORS AND SOLICITORS ON THE RECORD

COURT FILE NO.: IMM-1114-96

STYLE OF CAUSE: BARIO MENESES v MCI

MOTION DEALT WITH IN WRITING WITHOUT THE APPEARANCE OF PARTIES

ORDER AND REASONS FOR ORDER OF THE HONOURABLE MR. JUSTICE TEITELBAUM

DATED: March 6, 1997

WRITTEN REPRESENTATIONS BY:

Mr. Joseph S. Farkas FOR THE APPLICANT

Ms. Sadian G. Campbell FOR THE RESPONDENT

SOLICITORS ON THE RECORD:

Mr. Joseph S. Farkas FOR THE APPLICANT Toronto, Ontario

Mr. George Thomson FOR THE RESPONDENT Deputy Attorney General of Canada

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