Federal Court Decisions

Decision Information

Decision Content

Date: 20010829

Docket: IMM-182-01

Neutral Citation: 2001 FCT 965

BETWEEN:

                        JORGE DANIEL ROIG, ANA CLARA DE ROIG, ALFREDO ROIG,

                                     JESSICA DANIELA ROIG, ROCIO PRISCILA ROIG

                                                                                                                                                  Applicants

                                                                            - and -

                                   THE MINISTER OF CITIZENSHIP AND IMMIGRATION

                                                                                                                                               Respondent

                                                  REASONS FOR ORDER AND ORDER

BLAIS J.

[1]                 This is a motion for an extension of time within which to move for a motion for a reconsideration of the decision of the Court dated April 6, 2001.

[2]                 The applicants failed to provide an affidavit supporting this motion and did not provide valid reasons for the long delay.

[3]                 The only reason that was given for the delay was that they were unable to pay for a solicitor to prepare the application record.

[4]                 In fact, this motion was served and filed forty-six (46) days after the Court's order.

[5]                 To succeed in their motion for extension of time, the applicants also have to demonstrate an arguable case for leave or that the application for leave raises a serious issue.

[6]                 The applicants have provided an affidavit of Larry Gabriel Colle mentioning that he is well acquainted with the applicants. We do not have more details about his specific relationship with the applicants.

[7]                 This Court has already decided that being impecunious or needing time to gather money to get represented is not a good reason to grant an extension of time.

[8]                 Further, in my view, the applicants failed to show that the application for leave raises a reasonable chance of success.

[9]                 The applicants neglected to provide their own affidavit to support this motion.

[10]            For all these reasons, THIS COURT ORDER THAT:

This motion for an extension of time and for a reconsideration be dismissed.

Pierre Blais                                          

Judge

OTTAWA, ONTARIO

August 29, 2001

 You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.