IMM-2105-96
B E T W E E N:
GUNWANT RAI
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER
ROTHSTEIN, J.:
The parties agree that this case is governed by Ponnampalam v. Canada (M.C.I.), [1996] F.C.J. No. 897 Court file No. IMM-3644-95. The only difference is that in this case the applicant did apply for an extension of time.
The judicial review is dismissed. The same question as in Ponnampalam is certified for determination by the Federal Court of Appeal:
| Does an immigration officer processing an application made pursuant to the D.R.O.C. regulations have the discretion to extend the time for filing the application, either pursuant to the principles of natural justice or fundamental justice, if an applicant files an application after the 120 day period prescribed by the regulations. |
It would be desirable if the Court Registry could expedite the preparation of the Appeal Book in this case so that the appeal may be heard in conjunction with Ponnampalam, in which counsel advises that the Appellant's Factum is to be filed in approximately one week.
"Marshall E. Rothstein"
Judge
Toronto, Ontario
April 11, 1997
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
COURT NO: IMM-2105-96
STYLE OF CAUSE: GUNWANT RAI
- and -
| THE MINISTER OF CITIZENSHIP AND IMMIGRATION |
DATE OF HEARING: APRIL 10, 1997
PLACE OF HEARING: TORONTO, ONTARIO
REASONS FOR ORDER BY: ROTHSTEIN, J.
DATED: APRIL 11, 1997
APPEARANCES:
Mr. Lorne Waldman
For the Applicant
Mr. Robin S. Sharma
For the Respondent
SOLICITORS OF RECORD:
Lorne Waldman
Barrister and Solicitor
281 Eglinton Avenue East
Toronto, Ontario
M4P 1L3
For the Applicant
George Thomson
Deputy Attorney General
of Canada
For the Respondent
FEDERAL COURT OF CANADA
Court No.: IMM-2105-96
Between:
GUNWANT RAI
Applicant
- and -
| THE MINISTER OF CITIZENSHIP AND IMMIGRATION |
Respondent
REASONS FOR ORDER