Federal Court Decisions

Date: 20020322

Docket: IMM-990-01

Neutral citation: 2002 FCT 312

Ottawa, Ontario, this 22nd day of March, 2002

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

BETWEEN:

                                                   PELHAM ANDRÉ PETER JULIEN

                                                                                                                                                       Applicant

                                                                              - and -

THE MINISTER OF CITIZENSHIP AND IMMIGRATION

Respondent

REASONS FOR ORDER AND ORDER

O'KEEFE J.

[1]                 This is a motion by Pelham André Peter Julien (the "applicant") for:

1.          An extension of time pursuant to Rule 8 to serve and file the motion record; and

2.          A reconsideration of the applicant's completed application record on its merits.

3.          Written reasons under the Federal Court Rules, 1998 Part 10 Orders.

[2]                 The applicant's application for leave and judicial review was dismissed by this Court. This motion in effect, seeks a reconsideration of this dismissal.

[3]                 In the applicant's original application, he requested an extension of time in which to file the judicial review application. The jurisprudence of this Court states that in order to obtain leave to extend the time to file an application, the applicant must set out a reasonable explanation for the delay in filing the application and establish an arguable case. A review of the record does not persuade me that the applicant has raised an arguable case.

[4]                 Decisions as to applications for leave are final, and are subject to reconsideration only in very narrow circumstances (see Fernandez v. Canada (Minister of Citizenship and Immigration) 2001 F.C.T. 909; F.C.J. No. 1287 (QL)). A reconsideration under Rule 397 of the Federal Court Rules, 1998, SOR/98-106 does not provide an alternative to an appeal. As the rules states, I may reconsider the order on the ground that the order does not accord with any reasons given for it. No reasons were given in this case. I may also reconsider my order on the grounds that a matter that should have been dealt with has been overlooked or accidentally omitted. I have reviewed the record and I cannot find any matter that was not dealt with or accidentally omitted. As well, pursuant to Rule 397, no clerical mistakes or errors in the order were identified.

[5]                 On a reconsideration motion, I am bound by Rule 397 and I find that unfortunately, there are no grounds under which I can grant the relief requested by the applicant.

[6]                 The motion is therefore dismissed.

ORDER

[7]                 IT IS ORDERED that the applicant's motion is dismissed.

                                                                                                                                         "John A. O'Keefe"            

                                                                                                                                                          J.F.C.C.                      

Ottawa, Ontario

March 22, 2002