Docket: IMM-2513-01
Neutral Citation: 2002 FCT 419
Ottawa, Ontario, this 12th day of April, 2002
PRESENT: THE HONOURABLE MR. JUSTICE BLANCHARD
BETWEEN:
JOSEPH LOTFE AKLADUOS SHENODA
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER AND ORDER
1. The applicant applies by motion in writing pursuant to Rule 369 of the Federal Court Rules, 1998, SOR/98-106 for:
(a) an order that the Court reconsider its order of November 16, 2001, dismissing the application for leave to commence a judicial review of a decision of the Immigration and Refugee Board due to the failure of the applicant to file an application record.
(b) an order for extension of time to have this motion heard on the ground that the decision dismissing the application for leave has been communicated to the applicant on December 3, 2001.
2. I allow the application for an order extending the time to have this motion heard to December 11, 2001, which was only eight (8) days after receipt by the applicant of the decision of this Court dismissing the application for judicial review for failure by the applicant to file an application record.
3. Contrary to previous instructions given to her, the secretary for counsel for the applicant failed to file the application record. She noted that it had already been filed as part of the motion record for the July 6, 2001 motion before Associate Senior Prothonotary Giles, for an extension of time within which to file the said record. She erroneously assumed that the application record had already been filed.
4. Having regard to the fact that the application record had in fact been submitted to the Court, albeit as part of the motion record for the extension of time and having regard to the particular circumstances of this case, I consider it in the interest of justice to grant the applicant's motion and reconsider my order of November 16, 2001.
5. Pursuant to Rule 397(1(b) read with regard to Rule 3 of the Federal Court Rules, 1998, I make the following order:
ORDER
1. The application for reconsideration of the order of this Court dated November 16, 2001, dismissing the applicant's application for leave and judicial review is granted.
2. The order of November 16, 2001, dismissing the applicant's application is vacated.
3. The applicant shall serve and file his application record within 10 days of the date of this order.
4. The time for taking subsequent steps in the proceeding is extended to run from the date of service of the applicant's affidavit on the respondent.
"Edmond P. Blanchard"
Judge
FEDERAL COURT OF CANADA TRIAL DIVISION
NAMES OF SOLICITORS AND SOLICITORS ON THE RECORD
COURT FILE NO.: IMM-2513-01
STYLE OF CAUSE: Joseph Lotfe Akladuos Shenoda v. M.C.I.
MOTION DEALT WITH IN WRITING WITHOUT THE APPEARANCE OF PARTIES
DATE: April 12, 2002
REASONS FOR ORDER AND ORDER
OF THE HONOURABLE MR. JUSTICE BLANCHARD
WRITTEN REPRESENTATIONS BY:
Mr. Rodney L.H. Woolf FOR THE APPLICANT
Ms. Neeta Logsetty FOR THE RESPONDENT
SOLICITORS ON THE RECORD:
Mr. Rodney L.H. Woolf FOR THE APPLICANT Toronto, Ontario
Mr. Morris Rosenberg FOR THE RESPONDENT Deputy Attorney General of Canada