Date: 19990127
Docket: IMM-3423-98
| OTTAWA, ONTARIO, WEDNESDAY, THIS 27TH DAY OF JANUARY, 1999 |
BEFORE: THE HONOURABLE MR. JUSTICE TEITELBAUM
BETWEEN:
NAZMI MUSLIJA
Applicant
- and -
THE MINISTER
Respondent
ORDER AND REASONS FOR ORDER
The applicant filed, on July 2, 1998, an application for leave and judicial review, pursuant to section 82.1 of the Immigration Act, of a decision dated March 13, 1996 wherein the applicant was advised that upon completion of his sentence he would be deported to the United States of America.
The applicant also asked for an extension of time to file his application for leave as he was beyond the legal delays by some 2 " years.
Page: 2
The reason for the refusal of the application for leave is that there is, in the Court"s opinion, no merit to a request for an extension of time.
In order to be granted an extension of time to file an application for leave and judicial review, the applicant has the burden to show that he always had the intention to file such an application but, for reasons beyond his control, he was unable to do so. The applicant must also show that he/she has an arguable case and that the respondent will not be seriously prejudiced by allowing such an application.
Each case must be decided on its own facts. An extension of time may also be granted, having considered all the above, if it is in the interest of justice to do so.
I have now read the material, for the third time, and it is clear and obvious that the applicant never had the intention of asking for a judicial review of the March 13, 1996 decision until some 2 " years later. I am also satisfied that there is no arguable case to be made by the applicant. Furthermore, it is not, in the case at bar, in the interest of justice to allow the case to proceed any further.
For the third and last time, the application for leave is denied as being without merit.
"Max M. Teitelbaum"
J.F.C.C.