Lewis v. Canada (Minister of Citizenship and Immigration)
Court headnote
Lewis v. Canada (Minister of Citizenship and Immigration) Court (s) Database Federal Court Decisions Date 2003-12-15 Neutral citation 2003 FC 1467 File numbers IMM-6530-03 Decision Content Date: 20031215 Docket: IMM-6530-03 Citation: 2003 FC 1467 BETWEEN: FRANCISCA LEWIS, Applicant, - and - THE MINISTER OF CITIZENSHIP AND IMMIGRATION, Respondent. REASONS FOR ORDER AND ORDER LAYDEN-STEVENSON J. [1] The applicant asks that I reconsider my order dated October 16, 2003, wherein I dismissed her application for leave to apply for judicial review for failure to file an application record. She also requests that I extend the time within which she may serve and file her application record that was due on September 22, 2003. The motion record was served and filed on October 23, 2003. [2] A motion to reconsider is to be brought within 10 days after the making of the order, or within such other time as the court may allow: Rule 397, Federal Court Rules, 1998. The applicant learned that her application had been dismissed on October 3, 2003. Her motion is out of time. Moreover, decisions as to applications for leave are final and are subject to reconsideration only in very narrow circumstances: Jalil v. Canada (Minister of Citizenship and Immigration) 2002 FCT 321, [2002] F.C.J. No. 432. Having reviewed the materials filed in support of the motion, the applicant has not persuaded me that Rule 397 should be invoked. [3] Had I determined otherwise, the applicant has not satisfied the prerequ…
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Lewis v. Canada (Minister of Citizenship and Immigration) Court (s) Database Federal Court Decisions Date 2003-12-15 Neutral citation 2003 FC 1467 File numbers IMM-6530-03 Decision Content Date: 20031215 Docket: IMM-6530-03 Citation: 2003 FC 1467 BETWEEN: FRANCISCA LEWIS, Applicant, - and - THE MINISTER OF CITIZENSHIP AND IMMIGRATION, Respondent. REASONS FOR ORDER AND ORDER LAYDEN-STEVENSON J. [1] The applicant asks that I reconsider my order dated October 16, 2003, wherein I dismissed her application for leave to apply for judicial review for failure to file an application record. She also requests that I extend the time within which she may serve and file her application record that was due on September 22, 2003. The motion record was served and filed on October 23, 2003. [2] A motion to reconsider is to be brought within 10 days after the making of the order, or within such other time as the court may allow: Rule 397, Federal Court Rules, 1998. The applicant learned that her application had been dismissed on October 3, 2003. Her motion is out of time. Moreover, decisions as to applications for leave are final and are subject to reconsideration only in very narrow circumstances: Jalil v. Canada (Minister of Citizenship and Immigration) 2002 FCT 321, [2002] F.C.J. No. 432. Having reviewed the materials filed in support of the motion, the applicant has not persuaded me that Rule 397 should be invoked. [3] Had I determined otherwise, the applicant has not satisfied the prerequisites for an extension of time articulated in Grewal v. Canada (Minister of Employment and Immigration), [1985] 2 F.C. 263 (C.A.) and Canada (Attorney General) v. Hennelly (1999), 244 N.R. 399 (F.C.A.). The applicant says that she miscalculated the time period and had personal problems that included the loss of her telephone service as justification for her delay in filing the application record. There is no explanation for the 15 day delay with respect to the filing of the within motion. [4] Regarding the merit of the application, the applicant states that she is confident that the issues to be adjudicated are serious issues of fact and law, but has not pointed to any alleged errors in the decision of the Refugee Protection Division. [5] The motion must be dismissed. O R D E R IT IS HEREBY ORDERED THAT the motion is dismissed. ___________________________________ Judge Ottawa, Ontario December 15, 2003 FEDERAL COURT NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: IMM-6530-03 STYLE OF CAUSE: FRANCISCA LEWIS v. THE MINISTER OF CITIZENSHIP AND IMMIGRATION MOTION DEALT WITH IN WRITING WITHOUT THE APPEARANCE OF THE PARTIES REASONS FOR ORDER AND ORDER DATED: DECEMBER 15, 2003 APPEARANCES: FRANCISCA LEWIS SELF-REPRESENTED KAREENA R. WILDING FOR RESPONDENT SOLICITORS OF RECORD: FRANCISCA LEWIS TORONTO, ONTARIO SELF-REPRESENTED MORRIS ROSENBERG DEPUTY ATTORNEY GENERAL OF CANADA FOR RESPONDENT
Source: decisions.fct-cf.gc.ca