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Date: 20020326

Docket: IMM-2809-01

Neutral citation: 2002 FCT 341

Toronto, Ontario, Tuesday, the 26th day of March, 2002

PRESENT:      THE HONOURABLE MR. JUSTICE JOHN A. O'KEEFE

BETWEEN:

                                                                INDRANIL NANDA

                                                                                                                                                         Applicant

                                                                                   

- and -

THE MINISTER OF CITIZENSHIP AND IMMIGRATION

Respondent

REASONS FOR ORDER AND ORDER

[1]                 The applicant has made this motion under Rule 369 of the Federal Court Rules, 1998 for reconsideration pursuant to Rule 397(1) of my order dated September 14, 2001 wherein I dismissed the applicant's application for leave to commence judicial review of a decision of the Immigration and Refugee Board, Convention Refugee Determination Division ("CRDD"). The applicant also seeks an extension of time to file the motion.


[2]                 Firstly, based on the applicant's material, I am satisfied that since he only received notice of my decision on October 2, 2001 and his application for reconsideration was filed on October 15, 2001, I am prepared to grant the applicant an extension of time to October 15, 2001 to file this motion.

[3]                 A review of the file material shows that the issue of whether or not the sponsorship could be withdrawn or not was not dealt with. In my opinion, this issue should be dealt with by the Court.

[4]                 For this reason, I am prepared to reconsider my earlier decision to not grant leave, and grant leave in this case.

ORDER

IT IS ORDERED THAT:

1.          An extension of time to October 15, 2001 be granted to file this motion.

2.         Leave is granted and the application for judicial review is deemed to have been commenced.

3.         The hearing of the application for judicial review is hereby fixed for Wednesday, the 12th day of June, 2002 to commence at 11:00 a.m., in the City of Toronto, Province of Ontario, for a duration not exceeding two (2) hours;

4.          The hearing shall be conducted in the English language;


5.         The Tribunal shall send copies of its record to the parties and Registry of the Court on or before April 17, 2002;

6.         Further affidavits, if any, shall be served and filed by the applicant on or before April 26, 2002;

7.         Further affidavits, if any, shall be served and filed by the respondent on or before May 3, 2002;

8.         Cross-examinations, if any, on affidavits shall be completed on or before May 14, 2002;

9.         The applicant's further memorandum of argument, if any, shall be served and filed on or before May 22, 2002;

10.       The respondent's further memorandum of argument, if any, shall be served and filed on or before May 31, 2002;

11.       The transcripts of cross-examinations, if any, shall be filed on or before June 6, 2002.

                                                                                                                                        "John A. O'Keefe"                            

                J.F.C.C.                          

Toronto, Ontario

March 26, 2002


                                                    FEDERAL COURT OF CANADA

Names of Counsel and Solicitors of Record

COURT NO:                                           IMM-2809-01

STYLE OF CAUSE:                               INDRANIL NANDA

                                                                                                                                                         Applicant

- and -

THE MINISTER OF CITIZENSHIP AND

IMMIGRATION

Respondent

CONSIDERED AT TORONTO, ONTARIO PURSUANT TO RULE 369

REASONS FOR ORDER

AND ORDER BY:                                  O'KEEFE J.

DATED:                                                   TUESDAY, MARCH 26, 2002

WRITTEN SUBMISSIONS BY:      Mr. Indranil Nanda

The Applicant on His Own Behalf

Mr. Negar Hashemi

For the Respondent

SOLICITORS OF RECORD:           Mr. Indranil Nanda

3 Ardell Avenue

Scarborough, Ontario

M1L 1K7

The Applicant on His Own Behalf

Morris Rosenberg

Deputy Attorney General of Canada

For the Respondent


FEDERAL COURT OF CANADA

            Date: 20020326

                                    Docket: IMM-2809-01

BETWEEN:

INDRANIL NANDA

                                                                         Applicant

- and -

THE MINISTER OF CITIZENSHIP AND

IMMIGRATION

                                                                     Respondent

                                                   

REASONS FOR ORDER

AND ORDER

                                                   

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