Date: 19980916
Docket: IMM-2986-98
BETWEEN:
FAZAL McDOWALL
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER AND ORDER
GILES, A.S.P.
[1] Earlier in the year I dismissed the applicant's motion for an extension of time to file his record because he had not provided any evidence of the existence of an arguable case for leave.
[2] The applicant has now filed a fresh motion for an extension supported by an affidavit similar to the one with the earlier application again making no reference to facts showing an arguable case.
[3] The present motion is supported by a memorandum of fact and law which contains a list of possible grounds for review without any facts to support any of them. The first three examples are: 1 - That the senior Immigration officer erred in law by not considering the totality of the evidence before them. What fact would support that allegation? 2 - That the senior Immigration officer erred in law in making an exclusion order against the applicant by misinterpreting the facts and ignoring certain relevant evidence. (a) What facts were misinterpreted? (b) What relevant evidence was ignored? (c) Why do you say so? 3 - That the senior Immigration officer breached the rules of natural justice. What rules of natural justice were breached, and in what manner? What facts support that allegation?
[4] The applicant's motion must again be dismissed. I will allow one final attempt and provide that the applicant may have until September 29, 1998 to show the existence of an arguable case for leave.
ORDER
The motion for an extension of time is dismissed with leave to reapply on proper evidence on or before the 29th of September, 1998.
"Peter A.K. Giles"
A.S.P.
Toronto, Ontario
September 16, 1998
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
COURT NO: IMM-2986-98
| STYLE OF CAUSE: FAZAL McDOWALL |
- and -
| THE MINISTER OF CITIZENSHIP AND IMMIGRATION |
CONSIDERED AT TORONTO, ONTARIO UNDER THE PROVISION OF RULE 369.
REASONS FOR ORDER
AND ORDER BY: GILES, A.S.P.
DATED: WEDNESDAY, SEPTEMBER 16, 1998
SOLICITORS OF RECORD: No Solicitor of Record
For the Applicant
| Morris Rosenberg |
Deputy Attorney General
of Canada
For the Respondent
FEDERAL COURT OF CANADA
Date: 19980916
Docket: IMM-2986-98
Between:
| FAZAL McDOWALL |
Applicant
- and -
| THE MINISTER OF CITIZENSHIP |
AND IMMIGRATION
Respondent
REASONS FOR ORDER
AND ORDER