Date: 19990901
Docket: IMM-567-99
BETWEEN:
THI NGOC HUYEN NGUYEN
Applicant
- and -
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
REASONS FOR ORDER AND ORDER
EVANS J.:
[1] This is a motion appealing an order of Prothonotary Roger R. Lafrenière dated July 13, 1999 in which the Prothonotary refused an extension of time to enable the applicant to file a supplementary application record in her application for leave and for judicial review of a decision of the Immigration Appeal Division dated January 25, 1999 dismissing the applicant"s appeal against her deportation.
[2] Counsel did not satisfy me that the Prothonotary had erred in principle or had misapprehended the evidence before him. Nor was I satisfied that the order raised questions vital to the final issue of the case. On the assumption that a matter raised with respect to an application for leave can ever relate to the "final issue of the case", the affidavit and additional arguments that counsel wishes to include in the further memorandum of fact and law are not "vital" to the disposition of the leave application.
[3] Important as this matter obviously is to the applicant and to her children a voluntary change of counsel will not normally justify an extension of time to enable new counsel to submit additional material after the first counsel has filed and served a complete application record in timely fashion.
[4] The avoidance of delay in the processing and determination of judicial review proceedings arising from decisions made or other administrative action taken under the Immigration Act is an important statutory objective.
[5] Further, to permit the applicant to "split her case" by submitting a new affidavit and an expanded memorandum of fact and law after counsel for the Minister has responded to the original application record may give the applicant an inappropriate advantage.
[6] For these reasons the motion is dismissed without costs.
"John M. Evans"
JUDGE
TORONTO, ONTARIO
September 1, 1999
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
| COURT NO: IMM-567-99 |
| STYLE OF CAUSE: THI NGOC HUYEN NGUYEN |
| - and - |
| THE MINISTER OF CITIZENSHIP |
| AND IMMIGRATION |
| DATE OF HEARING: MONDAY, AUGUST 30, 1999 |
| PLACE OF HEARING: TORONTO, ONTARIO |
| REASONS FOR ORDER AND ORDER BY: EVANS J. |
DATED: WEDNESDAY, SEPTEMBER 1, 1999
| APPEARANCES: Ms. Mary Lam |
For the Applicant
Ms. Marianne Zoric
For the Respondent
SOLICITORS OF RECORD: Cecil L. Rotenberg, Q.C.
Barristers & Solicitors
255 Duncan Mill Road
Suite 808
Toronto, Ontario
M3B 3H9
| For the Applicant |
Morris Rosenberg
Deputy Attorney General of Canada
For the Respondent
FEDERAL COURT OF CANADA
Date:19990901
Docket: IMM-567-99
Between:
| THI NGOC HUYEN NGUYEN |
Applicant
- and -
| THE MINISTER OF CITIZENSHIP |
| AND IMMIGRATION |
Respondent
| REASONS FOR ORDER |
AND ORDER