Date: 19991020
Docket: IMM-3628-99
BETWEEN:
SWEETY IQBAL SINGH BINDRA
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER AND ORDER
GILES, A.S.P.:
[1] The applicant"s application for permanent residence in Canada was refused and this fact was noted in a letter dated June 7, 1999 from the Canadian High Commission in Delhi. On June 9, 1999 this letter was mailed to the applicant at the address of his agent in Delhi, India.
[2] On June 15, 1999 a letter dated June 14, 1999 was received at the Canadian High Commission in Delhi from a law firm in Toronto representing the applicant seeking reconsideration of the refusal.
[3] The applicant has filed an affidavit sworn September 25, 1999 wherein he swears inter alia that he was not informed of the refusal until June 22, 1999. He also indicates that he specifically asked his agent to inform him when notice of the decision was received.
[4] It is quite apparent to me that the applicant provided the address of his agent for correspondence with the High Commission and that the refusal was sent there for that reason. Notification of the agent in such a case is notification of the applicant and in these circumstances on a date prior to June 14, 1999.
[5] The filing of an application for judicial review on July 22, 1999 is thus out of time and the application and supporting affidavit must be struck out.
ORDER
[6] The application and supporting affidavit herein are struck out and the application is dismissed.
"Peter A. K. Giles"
A.S.P.
TORONTO, ONTARIO
October 20, 1999
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
| COURT NO: IMM-3628-99 |
| STYLE OF CAUSE: SWEETY IQBAL SINGH BINDRA |
| - 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: WEDNESDAY, OCTOBER 20, 1999 |
WRITTEN SUBMISSIONS BY: Mr. M. Max Chaudhary
For the Applicant
Ms. Neeta Logsetty
For the Respondent
SOLICITORS OF RECORD: M. Max Chaudhary
Barrister & Solicitor
255 Duncan Mills Road
Suite 812
North York, Ontario
M3B 3H9
| For the Applicant |
Morris Rosenberg
Deputy Attorney General of Canada
For the Respondent
FEDERAL COURT OF CANADA
Date:19991020
Docket: IMM-3628-99
Between:
| SWEETY IQBAL SINGH BINDRA |
Applicant
- and -
| THE MINISTER OF CITIZENSHIP AND IMMIGRATION |
Respondent
| REASONS FOR ORDER |
AND ORDER