IMM-1106-97
B E T W E E N:
LUIS ALBERTO MUNOZ YANEZ
Applicant
| - and - |
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
| REASONS FOR ORDER AND ORDER |
GILES, A.S.P.:
Before an application for an extension of time can be granted, the applicant must show, inter alia, that; 1) the delay can be excused; and 2) evidence exists to support an arguable case for leave. As this has not been done, the motion must be dismissed.
In paragraph 5 of the notice of motion, it is alleged that a case exists, but we are not told what it is. In paragraph 8 it is alleged, inter alia, that principles of fundamental justice are such that the Court should use its discretion to allow the extension, but it is not shown which principles are applicable. The motion will be dismissed, but because it is alleged that a case exists, leave to reapply on better evidence will be given.
O R D E R
The motion for an extension of time to file the Applicant's Record is dismissed with leave to reapply on better evidence on or before May 30th, 1997.
"Peter A.K. Giles"
A.S.P.
Toronto, Ontario
May 20, 1997
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
COURT NO: IMM-1106-97
STYLE OF CAUSE: LUIS ALBERTO MUNOZ YANEZ
- and -
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
CONSIDERED AT TORONTO, ONTARIO UNDER THE PROVISION OF RULE 324.
REASONS FOR ORDER
AND ORDER BY: GILES, A.S.P.
DATED: MAY 20, 1996
SOLICITORS OF RECORD:
Ms. Mae-Tuin Wong
Barristers and Solicitors
4950 Yonge Street
Suite 1902, Box 174
Toronto, Ontario
M2N 6K1
Solicitor for the Applicant
George Thomson
Deputy Attorney General
of Canada
For the Respondent
FEDERAL COURT OF CANADA
Court No. IMM-1106-97
Between:
LUIS ALBERTO MUNOZ YANEZ
Applicant
- and -
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
REASONS FOR ORDER & ORDER