IMM-4373-96
B E T W E E N:
MARQUETTE MARIE OWENS
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER AND ORDER
GILES, A.S.P.:
The misfortune of the applicant's counsel would excuse the delay in filing the applicant's Record. There is however no evidence to show the existence of an arguable case for leave.
The grounds alleged in the application for leave and judicial review refer to criminal matters, whereas the reasons for the impugned decision refer to sections 19(1)(b) and 27(2)(e) of the Immigration Act. The sole reference to criminal matters in the reasons was in connection with the ability of the applicant to leave Canada within 30 days, should she be issued with a departure notice. There is therefore no suggestion of any arguable case let alone tendered evidence in that regard.
Because the applicant must show the existence of an arguable case before an extension can be granted, and the applicant has not done so, the application for an extension of time to file a record must be dismissed.
ORDER
The motion is dismissed.
"Peter A.K. Giles"
A.S.P.
Toronto, Ontario
May 7, 1997
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
COURT NO: IMM-4373-96
STYLE OF CAUSE: MARQUETTE MARIE OWENS
- and -
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
CONSIDERED AT TORONTO, ONTARIO UNDER THE PROVISION OF RULE 324.
REASONS FOR ORDER
AND ORDER BY: GILES, A.S.P.
DATED: MAY 7, 1997
SOLICITORS OF RECORD:
Susan Jane von Achten
Barrister and Solicitor
144 Indian Road
Toronto, Ontario
M6R 2V6
Solicitor for the Applicant
George Thomson
Deputy Attorney General
of Canada
For the Respondent
FEDERAL COURT OF CANADA
Court No. IMM-4373-96
Between:
MARQUETTE MARIE OWENS
Plaintiff
- and -
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
REASONS FOR ORDER & ORDER