IMM-1566-97
B E T W E E N:
ADELE MUSENDIKU OYETIBO
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER AND ORDER
GILES, A.S.P.:
The applicant seeks an extension of time within which to file the Applicant's Record. The delay in preparation seems to have been caused by the need to obtain Legal Aid. Numerous cases in this Court have indicated that awaiting Legal Aid does not excuse late filing of an Applicant's Record, particularly where no details are given as to the time Legal Aid was applied for, the time of various follow-up steps and the reasons given for delays in any award that might be made.
In addition, no evidence of the existence of an arguable case for leave is presented, counsel goes to some lengths to indicate that an arguable case exists, but does not provide any specific information or evidence.
ORDER
The motion will therefore be dismissed. However, leave will be given to reapply on or before July 18th, 1997 with evidence tending to excuse the delay and showing the existence of an arguable case for leave.
"Peter A.K. Giles"
A.S.P.
Toronto, Ontario
June 27, 1997
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
COURT NO: IMM-1566-97
STYLE OF CAUSE: ADELE MUSENDIKU OYETIBO
- 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: JUNE 27, 1997
SOLICITORS OF RECORD:
Mr. V. Charles Anipare
Barrister and Solicitor
4002 Sheppard Avenue East
Toronto, Ontario
M1S 4R5
For the Applicant
George Thomson
Deputy Attorney General
of Canada
For the Respondent
FEDERAL COURT OF CANADA
Court No. IMM-1566-97
Between:
ADELE MUSENDIKU OYETIBO
Applicant
- and -
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
REASONS FOR ORDER & ORDER