Date: 20000808
Docket: IMM-626-00
BETWEEN:
SURINDER KUMAR VERMA
Applicant
- and -
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
REASONS FOR ORDER AND ORDER
GILES A.S.P.
[1] By the motion before me the applicant seeks an application of time within which to file his affidavit. Before I can extend time I must be satisfied inter alia that the delay is explained, that there is an arguable case and that there will be no prejudice to the respondent.
[2] I am satisfied that the delay is adequately explained and could be excused if there were an arguable case shown.
[3] The case the applicant seeks to make is that the test used to assess the applicant"s ability in English was unfair. The applicant appears to admit that he did not do well on it. This Court thus would not have to assess the ability of the applicant to read English, but merely to determine whether his inability to read and understand certain words indicated that he could not speak English well. I thus conclude there could be an arguable case.
[4] With regard to prejudice, it is submitted that the four months extra delay will seriously affect the memory of the visa officer. As I indicated above, the case appears to be based on the fairness of the test material used. Apparently it is known what that material was. The visa officer"s opinion in that regard, if relevant, would not be affected by any lack of recollection of the particular interview. I am therefore satisfied that an extension of time for filing should be allowed.
ORDER
[5] The time for serving and filing the applicant"s evidence is extended to September 1, 2000 at 11:00 a.m.
"Peter A. K. Giles"
A.S.P.
Toronto, Ontario
August 8, 2000
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
| COURT NO: IMM-626-00 |
| STYLE OF CAUSE: SURINDER KUMAR VERMA |
| - and - |
| THE MINISTER OF CITIZENSHIP |
AND IMMIGRATION
CONSIDERED AT TORONTO, ONTARIO PURSUANT TO RULE 369
REASONS FOR ORDER
| AND ORDER BY: GILES A.S.P. |
| DATED: TUESDAY, AUGUST 8, 2000 |
WRITTEN SUBMISSIONS BY: Ms. Chantal Desloges
For the Applicant
Mr. Stephen H. Gold
For the Respondent
SOLICITORS OF RECORD: Green and Spiegel
Barristers & Solicitors
121 King Street West
Suite 2200, P.O. Box 114
Toronto, Ontario
M5H 3T9
For the Applicant
Morris Rosenberg
Deputy Attorney General of Canada
For the Respondent
FEDERAL COURT OF CANADA
Date: 20000808
Docket: IMM-626-00
Between:
| SURINDER KUMAR VERMA |
| - and - |
| THE MINISTER OF CITIZENSHIP |
AND IMMIGRATION
| REASONS FOR ORDER |
AND ORDER