Date: 20001019
Docket: IMM-3293-00
YOUSEF YOUSEFIAN
Applicant
- and -
THE MINISTER OF
CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER AND ORDER
GILES A.S.P.
[1] The Respondent seeks to strike the application herein. It is unclear whether the decision impugned by the application was made over a year ago or whether that decision was reopened and negotiations continued until shortly before the application herein was filed. The fact that the Applicant invested some $120,000 in Canada in furtherance of the alleged negotiations in my view shows at least a ground for the uncertainty.
[2] The application seeks mandamus to hasten a conclusion to the negotiations and in the alternative certiorari with respect to the impugned decision and equally in the alternative, an extension of time is sought with regard to the certiorari proceedings.
[3] In such circumstances it is my view that it is not plain and obvious that the application is completely bereft of any chance of success. And for that reason, the motion to strike will be dismissed. The moving party sought in the alternative, 30 days to file affidavits. That party had already sought some time to file affidavits and I take that into account when limiting the time for the Respondent's affidavits.
ORDER
[4] The motion for an Order summarily dismissing the application and striking the notice of application and the affidavits of Willem George Poolman and Yousef Yousefian is dismissed.
[5] The time for filing the Respondent's affidavits is extended to November 17th, 2000 at 11:00 a.m.
[6] All other times shall be measured in accordance with Federal Court Rules from that date.
"Peter A.K. Giles"
A.S.P.
Toronto, Ontario
October 19, 2000
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
| COURT NO: IMM-3293-00 |
| STYLE OF CAUSE: YOUSEF YOUSEFIAN |
| - and - |
| THE MINISTER OF |
CITIZENSHIP AND IMMIGRATION
CONSIDERED AT TORONTO, ONTARIO PURSUANT TO RULE 369
REASONS FOR ORDER
| AN ORDER BY: GILES A.S.P. |
| DATED: THURSDAY, OCTOBER 19, 2000 |
WRITTEN SUBMISSIONS BY: Ms. Barbara Jackman
For the Applicant
Ms. Amina Riaz
For the Respondent
SOLICITORS OF RECORD: Jackman, Waldman & Associates
Barristers & Solicitors
281 Eglinton Ave. East
Toronto, Ontario
M4P 1L3
For the Applicant
Morris Rosenberg
Deputy Attorney General of Canada
For the Respondent
FEDERAL COURT OF CANADA
Date: 20001019
Docket: IMM-3293-00
Between:
| YOUSEF YOUSEFIAN |
Applicant
| - and - |
| THE MINISTER OF |
CITIZENSHIP AND IMMIGRATION
Respondent
| REASONS FOR ORDER |
| AND ORDER |