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Date: 19980309


Docket: IMM-403-98

BETWEEN:

     FARHAD JAVIDI PARSIJANI

     Applicant

     - and -

     THE MINISTER OF CITIZENSHIP AND IMMIGRATION

     Respondent

     REASONS FOR ORDER AND ORDER

GILES, A.S.P.:

[1]      The circumstances set forth in the affidavit supporting the application for an extension of time within which to file the Applicant's Record reveal that, the Applicant's lawyer did not fully appreciate the importance of complying with the time limits set forth in the Federal Court Immigration Rules.

[2]      In Chin v. Canada (1993), 22 Imm. L.R. (2d) 136, it was pointed out that the fact that counsel was going out of town did not excuse delay. It was also pointed out in that case, the work load is no excuse for delay.

[3]      The Court follows the practice of requiring that all of the delay be excused and that the evidence of an arguable case (for leave in this case) exists before an extension can be granted.

[4]      In this case the delay of the Department in making the Applicant's file available, has in my view, not only been an unreasonable cause for delay, but also has made it unlikely that the Applicant has any evidence to support a case for leave. Because access to the file was sought very promptly and the delay in making the file available could not have been anticipated, I find it appropriate to grant an extension. Presuming that the file will have been made available on March 10th, 1998, the time for serving and filing the Applicant's Record with proof of service will be extended to April 8th, 1998.

     ORDER

     The time for filing the Applicant's Record is extended to the 8th day of April, 1998.

"Peter A.K. Giles"

A.S.P.

Toronto, Ontario

March 9, 1998

     FEDERAL COURT OF CANADA

     Names of Counsel and Solicitors of Record

DOCKET:                  IMM-403-98

STYLE OF CAUSE:              FARHAD JAVIDI PARSIJANI

                     - 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:                  MARCH 9, 1998

SOLICITORS OF RECORD:

                     Ms. Constance Nakatsu

                     Barrister and Solicitor

                     45 St. Nicholas Street

                     Toronto, Ontario

                     M4Y 1W6

                         For the Applicant

                     George Thomson

                     Deputy Attorney General

                     of Canada

                         For the Respondent


                          FEDERAL COURT OF CANADA

     Date: 19980309

                         Docket: IMM-403-98

                         Between:

                         FARHAD JAVIDI PARSIJANI

                                 Applicant

                         - and -

                         THE MINISTER OF CITIZENSHIP

                         AND IMMIGRATION

                         Respondent

                        

            

                         REASONS FOR ORDER AND ORDER

                        

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