Date: 19990406
Docket: IMM-1486-99
Between :
DENIS PERELMUTOV
Applicant
- and -
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
NOTICE OF MOTION IN EXTENSION OF DELAY
AND STAY OF EXECUTION
AND MANDAMUS-INJUNCTION
(Art. 18.1(2) F.C.A.; Art. 4, 358 ssq R.F.C.)
REASONS FOR ORDER
[1] The requested extension of time is denied on the ground that the entire delay of some three (3) months has not been satisfactorily accounted for.
[2] Visa officer Serge Drapeau's decision in question was rendered on November 19, 1998 and communicated to the applicant a few days later. On December 7, 1998, the applicant's former counsel sent a fax to the Canadian Embassy in Havana, Cuba, requesting "an informal review" of the applicant's file. The request was effectively denied by the same visa officer Serge Drapeau by letter to the applicant's counsel dated December 10, 1998. However, it is only on March 24, 1999 that the applicant's new attorneys made the present request for an extension of time. The only explanation given for the delay between December 10, 1998 and March 24, 1999 is that the applicant was unaware, until he met with his new attorneys, that he had a right of judicial review before this Court. This explanation is not credible as it is not consistent with the applicant's former counsel's above fax dated December 7, 1998, which expressly stated:
| Finally, because of the strict time frame imposed by the Federal Court for Judicial review, we would very much appreciate your review and answer by December 11th, 1998. |
[3] Furthermore, no reasons are given why the applicant changed counsel. In my opinion, the applicant, who had previously applied for leave to bring an application for judicial review before this Court, was negligent and/or simply changed his mind. Under such circumstances, an extension of time ought not be granted.
[4] Given the above conclusion, the other remedies sought cannot be granted and the motion is dismissed in its entirety.
JUDGE
OTTAWA, Ontario
April 6, 1999