Federal Court Decisions

     IMM-2652-97

OTTAWA, ONTARIO, FRIDAY, THE 22ND DAY OF AUGUST, 1997

PRESENT: THE HONOURABLE MR. JUSTICE RICHARD

BETWEEN:

     SOUTHAM INC. and JACQUIE MILLER,

     Applicants,

     - and -

     THE MINISTER OF CITIZENSHIP AND IMMIGRATION,

     Respondent.

     ORDER AND REASONS FOR ORDER

     The applicants made a motion for:

1.      an order pursuant to Rule 327.1 of the Federal Court Rules granting the applicants an expedited hearing;

2.      an order pursuant to Rule 327.2(b) of the Federal Court Rules establishing a date, time and place for the hearing of the application for judicial review prior to September 24, 1997;

3.      such further and other order as counsel may request and this Honourable Court may deem just.

     Sections 82.1 to 84 of the Immigration Act and the Federal Court Immigration Rules, 1993, provide a special code that governs judicial review in immigration matters.

     Leave must be sought and obtained in order to bring a judicial review application.

     The applicants filed an application for leave on June 26, 1997. They served their application record on July 30, 1997 and filed it on July 31, 1997. Pursuant to Rule 11, the respondent's material must be filed with proof of service no later than August 29, 1997. The applicant may serve and file a reply memorandum within 10 days after the day of service of the respondent's memorandum of argument. Once these steps have been completed or the time for them has expired, a judge may determine the application for leave on the basis of the materials then filed. Rule 15(1) mandates that an order granting leave shall fix a day no sooner than thirty days and no later than ninety days after the date of the order for the hearing of the application for judicial review.

     In these circumstances, the applicants' motion for an order granting them an expedited hearing is premature and must therefore be dismissed at this stage of the proceeding.

    

    

     Judge