Date: 19991019
Docket: IMM-4097-99
BETWEEN:
ANTHONY WOLSELLEY-WILMSEN
Applicant
-and-
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER AND ORDER
LAFRENIÈRE P.
[1] The Applicant has brought a motion in writing dated September 13, 1999 for an Order "substituting the Applicant from "Anthony Wolselley-Wilmsen" for Claudia Valimareanu and Stefania Valimareanu" and an extension of time within which to file the Applicant"s Record to 10 days from the receipt of the Tribunal Record. The motion materials were served and filed on September 28, 1999.
[2] In support of the motion, the Applicant filed the affidavit of Fay Fuerst sworn September 13, 1999 and brief written submissions. The facts are summarized below.
[3] The Notice of Application herein was filed on August 20, 1999 seeking judicial review of a decision of a visa officer dated July 15, 1999 denying a student visa to the Applicant. The decision was apparently communicated to the Applicant on July 22, 1999.
[4] On September 28, 1999, the Applicant filed the present motion seeking an Order to delete the name of the Applicant from the style of cause and to substitute the names of two different persons. It appears that, through inadvertence, counsel for the Applicant inserted the name of the instructing agent as the Applicant rather than the names of his two clients, Ms. Claudia Valimareanu and her minor daughter, Stefania Valimareanu.
According to paragraph 6 of the affidavit filed, this error only came to counsel"s attention on August 26, 1999 when he received a letter from counsel with the Department of Justice indicating that there was no visa file under the Applicant"s name and that consequently a tribunal record could not be produced.
[5] The grounds set out in the notice of motion are Rule 369 of the Federal Court Rules, 1998 and s. 7 of the Charter. However, the Applicant fails to elaborate. From a careful reading of the materials filed, it appears that the only arguments advanced by the Applicant are that by granting the relief sought, the application would require no further amendment and the Respondent would suffer no prejudice.
[6] The Applicant has failed to establish that the relief requested is appropriate in the circumstances.
[7] First of all, the proposed Applicants, Claudia Valimareanu and Stefania Valimareanu, have failed to satisfy me that they should be joined in the present proceeding. Section 18.1(2) of the Federal Court Act establishes a time limitation of 30 days within which to make an application for judicial review. Although the application indicates that the decision was communicated to the "Applicant" on July 22, 1999, it is impossible to ascertain on the evidence before me that the "Applicant" refers to Claudia Valimareanu and Stefania Valimareanu.
[8] Secondly, no explanation has been provided for the delay in bringing this motion for an extension of time to file the Applicant"s Record. Nor has the Applicant attempted to establish that there exists an arguable case. Counsel for the Applicant was made aware of his error on August 26, 1999. Yet the Notice of Motion and supporting affidavit, both dated September 13, 1999, were only served and filed on September 28, 1999, beyond the time provided under Rule 306 for serving and filing the Applicant"s affidavit material.
[9] Finally, the Notice of Application refers to the Applicant in the singular. Numerous amendments would be required to refer to the Applicants in the plural and to include whatever separate relief is being claimed by the Applicant"s infant daughter.
[10] Consequently, the motion willl be dismissed, without prejudice to the right of the proposed Applicants to bring a motion for an extension of time to make an application for judicial review. As a result, the present proceeding should also be discontinued forthwith.
IT IS HEREBY ORDERED THAT:
1. The motion is dismissed.
"Roger R. Lafrenière" ________________________
Prothonotary
TORONTO, ONTARIO
October 19, 1999
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
| COURT NO: IMM-4097-99 |
| STYLE OF CAUSE: ANTHONY WOLSELLEY-WILMSEN |
| - and - |
| THE MINISTER OF CITIZENSHIP |
| AND IMMIGRATION |
CONSIDERED AT TORONTO, ONTARIO PURSUANT TO RULE 369
| REASONS FOR ORDER AND ORDER BY: LAFRENIÈRE P. |
DATED: TUESDAY, OCTOBER 19, 1999
SOLICITORS OF RECORD: Galati, Rodrigues & Associates
Barristers & Solicitors
203-637 College Street
Toronto, ON M6G 1B5
| For the Applicant |
Morris Rosenberg
Deputy Attorney General of Canada
For the Respondent
FEDERAL COURT OF CANADA
Date:19991019
Docket: IMM-4097-99
Between:
| ANTHONY WOLSELLEY-WILMSEN |
Applicant
- and -
| THE MINISTER OF CITIZENSHIP |
| AND IMMIGRATION |
Respondent
| REASONS FOR ORDER |
AND ORDER