Date: 20000719
Docket: IMM-2846-00
BETWEEN:
PURAN TOLANI
Appellant
-and-
THE MINISTER OF
CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER AND ORDER
GILES A.S.P.
[1] By the motion before me, Puran Tolani ("Tolani") seeks an extension of time within which to file a "NOTICE OF APPLICATION to appeal the Decision of VISA OFFICER - - -" The decision in question was in the case of Mahesh Tulsidas Tolani ("Mahesh") who was seeking to emigrate. Tolani could not sponsor a 35 year old brother as part of a family class.
[2] The decision letter dated 25th January 2000, indicates Mahesh was assessed on the basis of an independent applicant with specific reference to a family business job offer.
[3] The Respondent"s representations I believe intend to indicate that Mahesh applied as an assisted immigrant and that a judicial review application cannot be made by the person assisting the assisted immigrant because the person assisting is not directly affected by the outcome.
[4] In reply, Tolani indicates he insists that the assisted relative is a proper party - directly affected by the decision. That is, I believe, the Respondent"s case. But, in any event it does not assist Tolani to say that Mahesh is a proper party. In a further note, Tolani writes "family business case - Brother denied visa to work for family business in position of trust - affects business." He may be intending to indicate that where the assisting party is attempting to get someone to work in a business, if he fails to do so his business and he himself are directly affected. This might be arguable.
[5] Under a heading ""(3) Arguable Case" Tolani states - should have received 10 points under Occupational Factor". He gives no basis for this statement but it may be there is some evidence that extra points should have been awarded. Because of the lack of background information in both the application and the Respondent"s submissions, I am unable to see that the delay in applying for judicial review has been excused or that there is an arguable case by a proper party. I am therefore going to dismiss the motion but with leave to re-apply within three weeks on better evidence.
ORDER
[6] Motion dismissed with leave to reapply on better evidence.
"Peter A. K. Giles"
A.S.P.
Toronto, Ontario
July 19, 2000
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
| COURT NO: IMM-2846-00 |
| STYLE OF CAUSE: PURAN TOLANI |
- 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: WEDNESDAY, JULY 19, 2000
| WRITTEN SUBMISSIONS BY: Puran Tolani |
| For the Applicant, on his own behalf |
| Mr. George Thompson |
| For the Respondent |
| SOLICITORS OF RECORD: Puran Tolani |
Lot - 21 954 Preston Manor Dr.
Mississauga, Ontario
L5A 2L5
| For the Applicant, on his own behalf |
| Morris Rosenberg |
Deputy Attorney General of Canada
| For the Respondent |
FEDERAL COURT OF CANADA
Date: 20000719
Docket: IMM-2846-00
BETWEEN:
PURAN TOLANI
Applicant
- and -
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
| REASONS FOR ORDER |
AND ORDER