Date: 20001103
Docket: IMM-4033-00
BETWEEN:
SCHLAI KATALIN
Applicant
-and-
THE MINISTER OF
CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER AND ORDER
GILES A.S.P.
[1] The Applicant has moved for an extension of time within which to file his record. The Applicant filed his motion record on October 3rd, 2000. The application record had been due on August 31st, 2000. The delay is not explained. The Applicant states he has an arguable case and submits two documents which he states supports his affidavit and presumably the statement that he has an arguable case, which documents were apparently not before the Tribunal.
[2] This proceeding is a judicial review and impugns the hearing of the Tribunal it is not an appeal or a trial de novo on the merits. There is nothing in the affidavit which would tend to impugn the Tribunal proceeding.
[3] There is also nothing in the Applicant's submissions which explain a five week delay in bringing this motion. However, the Respondent's motion record casts some light on the five weeks. It appears that the Applicant had brought an earlier motion for an extension which was dismissed on October 3rd, 2000. The Respondent submits and I agree that the matter before me is res judicata. That is to say, the same issue on the same relevant facts has already been decided by a competent court.
[4] The motion before me must therefore be dismissed. In such circumstances, I would have been inclined to grant costs. But, as they were not asked for I will not award them.
ORDER
[5] The motion for an extension of time to file the Applicant's record is dismissed.
"Peter A. K. Giles"
A.S.P.
Toronto, Ontario
November 3, 2000
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
| COURT NO: IMM-4033-00 |
| STYLE OF CAUSE: SCHLAI KATALIN |
Applicant
| - and - |
| THE MINISTER OF CITIZENSHIP |
AND IMMIGRATION
Respondent
MATTER CONSIDERED AT TORONTO, ONTARIO PURSUANT TO RULE 369
REASONS FOR ORDER
| AND ORDER BY: GILES A.S.P. |
DATED: FRIDAY, NOVEMBER 3, 2000
| WRITTEN SUBMISSIONS: Katalin Schlai |
| For the Applicant, on their own behalf |
| Martin Anderson |
| For the Respondent |
| SOLICITORS OF RECORD Schlai Katalin |
296 Eglinton Ave. West
Toronto, Ontario
M4R 1R2
| For the Applicant, on their own behalf |
| Morris Rosenberg |
| Deputy Attorney General of Canada |
| For the Respondent |
FEDERAL COURT OF CANADA
Date: 20001103
Docket: IMM-4033-00
Between:
| SCHLAI KATALIN |
Applicant
- and -
| THE MINISTER OF CITIZENSHIP |
AND IMMIGRATION
Respondent
| REASONS FOR ORDER |
| AND ORDER |