Date: 20000912
Docket: IMM-466-00
BETWEEN:
DAVINDER SINGH
Applicant
-and-
THE MINISTER OF
CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER AND ORDER
GILES A.S.P.
[1] This proceeding seeks judicial review of a decision dated 26 January 2000 ordering the Applicant to report for removal on February 9th, 2000. This proceeding is an application and bears the Federal Court no. IMM-466-00.
[2] Document 20 now before me is a motion record including a notice of motion by the Applicant for an extension of time to file the record of the judicial review petition. The parties were informed by letter dated 26th June, 2000 that there were no reasons, written or oral. The Applicant is deemed to have received this letter ten days after it was mailed. The Applicant had 30 days after he received the letter to file his application record.
[3] On 25th July, 2000 the Applicant filed Document 20 seeking an extension of the time for filing his record and on the same date, the Applicant filed a further motion record, Document 23. That record contained a notice of motion seeking directions or orders that the Applicant be advised of progress in an application for landing made by the Applicant in Buffalo.
[4] These matters came before the Court and the parties were ordered to make written submissions and file supplementary records. It is now patent that the Applicant is trying to obtain by motion in this application relief which has been sought in one or more applications. This application bearing file no. IMM-466-00 seeks and may only seek one review. That is, review of the decision of the order that the Applicant report. This does not deal with the failure of a Humanitarian and Compassionate hearing last fall. Nor can it deal with anything which has happened since the impugned decision was made. For instance, a recent application made in Buffalo or a successful appeal to the Ontario Court of Appeal or another Humanitarian and Compassionate hearing.
[5] The motion seeking orders concerning the reconsideration of the Applicant's application for landing under H and C grounds is not a matter having any relevance whatsoever to the application in this file which deals solely with judicial review of an order to report. Therefore, that motion will be dismissed.
[6] The motion seeking an extension of time could only be granted if the Applicant explained all of the delay and showed that he had an arguable case for relief with respect to this application. He has not completed either of these prerequisites, so this motion must also be dismissed. Because of the patent confusion between a number of outstanding matters I will grant leave to reapply for an extension of time on better evidence as to the reasons for delay which must all be relevant to this file and the existence of an arguable case in this application seeking to impugn the order to report.
ORDER
[7] The motion contained in the record filed as Document 23 (for directions or orders) is dismissed.
[8] The motion contained in record filed as Document 20 (for an extension of time to file the record) is dismissed with leave to re-apply with a new motion in writing on better evidence by September 25th, 2000.
"Peter A. K. Giles"
A.S.P.
Toronto, Ontario
September 12, 2000
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
| COURT NO: IMM-466-00 |
| STYLE OF CAUSE: DAVINDER SINGH |
| - 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, SEPTEMBER 12, 2000 |
WRITTEN SUBMISSIONS BY: Mr. Davinder Singh
For the Applicant, on his own behalf
Mr. Martin Anderson
For the Respondent
SOLICITORS OF RECORD: Davinder Singh
1429 Lansdowne Avenue
Toronto, Ontario
M6H 3Z9
For the Applicant, on his own behalf
Morris Rosenberg
Deputy Attorney General of Canada
For the Respondent
FEDERAL COURT OF CANADA
Date: 20000912
Docket: IMM-466-00
Between:
| DAVINDER SINGH |
| - and - |
| THE MINISTER OF CITIZENSHIP |
AND IMMIGRATION
| REASONS FOR ORDER |
AND ORDER