Date: 19991214
Docket: IMM-5215-99
BETWEEN:
HUNG PHAM
Applicant
- and -
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
REASONS FOR ORDER AND ORDER
GILES A.S.P.:
[1] In the motion before me the applicant moving party seeks an extension of time within which to file the applicant"s application record. In the motion the applicant has cited Valyenegro v. Canada (Secretary of State) (1994), 88 F.T.R. 196 as authority for three propositions in support of his motion for an extension of time.
[2] In Valyenegro it was pointed out that it might be assumed that an applicant would be prejudiced if he or she is denied the right to put forward their case. The applicant here did not go on to point out the remainder of the paragraph, namely "If, however, the applicant does not have a case, he or she cannot be prejudiced if an extension of time is denied."
[3] There, as here, there was no evidence tendered of the existence of an arguable case, so the motion for an extension was dismissed, as I shall do here. However, because there is a suggestion of grounds in the application for leave and for judicial review, the applicant may bring a further motion for an extension supported by better evidence by the 20th of January, 2000. In this regard, attention is directed to Rule 82 with regards to solicitor"s evidence in aid of motions.
ORDER
[4] Motion dismissed without prejudice to the applicant"s right to move again for an extension of time based on better evidence on or before January 20, 2000.
"Peter A. K. Giles"
A.S.P.
TORONTO, ONTARIO
December 14, 1999
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
| COURT NO: IMM-5215-99 |
| STYLE OF CAUSE: HUNG PHAM |
- 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: TUESDAY, DECEMBER 14, 1999
| WRITTEN SUBMISSIONS BY: Mr. Trang Nguyen |
| For the Applicant |
| SOLICITORS OF RECORD: Trang Nguyen |
Barrister & Solicitor
3875 Keele Street
Suite 206
North York, Ontario
M3J 1N6
| For the Applicant |
| Morris Rosenberg |
Deputy Attorney General of Canada
| For the Respondent |
FEDERAL COURT OF CANADA
Date: 19991214
Docket: IMM-5215-99
Between:
| HUNG PHAM |
Applicant
- and -
| THE MINISTER OF CITIZENSHIP |
AND IMMIGRATION
Respondent
REASONS FOR ORDER
AND ORDER