Date: 20000525
Docket: IMM-412-00
BETWEEN:
KOLESKI, DRAGI
KOLESKA, STEVE
KOLESKA, SIMONA
KOLESKI, DAVID
Applicant
-and-
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER AND ORDER
GILES A.S.P.
[1] The motion before me seeks an extension of the 30 days period for filing the Applicant"s Record. The Record was due in early March. The motion for an extension was filed in early May nearly 3 times prescribed time.
[2] Before an extension can be granted the Applicant must excuse all of the delay and also must show that he has an arguable case for leave inter alia. It is not sufficient to file an affidavit where the affiant swears "I state and the fact is that an arguable case exists" what must be shown is that some evidence exists of facts to support an arguable case for leave.
[3] With regard to the need to excuse all of the delay, the Applicant in his submissions claims "inadvertence" something more is required to explain the inadvertence. The affidavit filed in support indicates the delay was the result of the need to wait for translation of certain documents. That is certainly not inadvertence. The motion will be dismissed with leave to reapply on better evidence on or before June 19th , 2000.
ORDER
[4] Motion dismissed with leave to reapply on better evidence on or before June 19th, 2000.
"Peter A.K. Giles"
A.S.P.
Toronto, Ontario
May 25, 2000
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
| COURT NO: IMM-412-00 |
| STYLE OF CAUSE: KOLESKI, DRAGI |
KOLESKA, STEVE
KOLESKA, SIMONA
KOLESKI, DAVID
| Applicant |
-and-
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
CONSIDERED AT TORONTO, ONTARIO PURSUANT TO RULE 369
REASONS FOR ORDER
| AND ORDER BY: GILES A.S.P. |
| DATED: THURSDAY, MAY 25, 2000 |
WRITTEN SUBMISSIONS BY: Mr. Dragi Koleski
For the Applicant, on his own behalf
Ms. Urszula Kaczmarczyk
For the Respondent
SOLICITORS OF RECORD: Dragi Koleski
70 Mornelle Court, Apt. #1612
Toronto, Ontario
M1E 4S8
For the Applicant, on his own behalf
Morris Rosenberg
Deputy Attorney General of Canada
For the Respondent
FEDERAL COURT OF CANADA
Date: 20000525
Docket: IMM-412-00
Between:
KOLESKI, DRAGI
KOLESKA, STEVE
KOLESKA, SIMONA
KOLESKI, DAVID
Applicant
-and-
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
| REASONS FOR ORDER |
AND ORDER