Date: 19981110
Docket: IMM-2971-98
BETWEEN:
JEAN M. HARRY
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER AND ORDER
GILES, A.S.P.:
[1] The applicant has asked to be permitted to amend her application record by filing a copy of the decision and rationale of the Immigration Officer who's decision is impugned. The Rules, by permitting a delay until reasons, if any, are provided indicate the importance of the Court having available any reasoning behind the impugned decision. However, the Court has been advised that no written reasons exist. I therefore conclude that by "rationale" the applicant means notes or documents which might provide some indication of the reasoning of the decision maker.
[2] I see no point in allowing the inclusion of the "rationale" if no representations with respect to it are to be made to assist the judge hearing the application. It is not up to such a judge to search all material filed looking for an error without any assistance from applicant's counsel.
[3] The decision itself is already on the Court file and a copy is exhibited to the applicant's affidavit in the applicant's record filed in support of the motion for leave.
[4] This motion will therefore be dismissed with leave to apply to file a replacement record.
ORDER:
| 1. This motion is dismissed. |
| 2. The applicant is given leave to move within 14 days to file a replacement applicant's record for use in the application for leave and judicial review. |
| 3. Should the applicant successfully so move, the respondent would be entitled to a new response. |
"Peter A.K. Giles"
A.S.P.
Toronto, Ontario
November 10, 1998
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
COURT NO: IMM-2971-98
| STYLE OF CAUSE: JEAN M. HARRY |
- and -
| THE MINISTER OF CITIZENSHIP AND IMMIGRATION |
CONSIDERED AT TORONTO, ONTARIO UNDER THE PROVISION OF RULE 369.
REASONS FOR ORDER AND
ORDER BY: GILES, A.S.P.
DATED: TUESDAY, NOVEMBER 10, 1998
SOLICITORS OF RECORD:
| Judy Welikovitch |
| Barrister & Solicitor |
West Toronto Community Legal Services
| 672 Dupont Street, Suite 315 |
| Toronto, Ontario |
| M6G 1Z6 |
For the Applicant
| Morris Rosenberg |
Deputy Attorney General of Canada
| For the Respondent |
FEDERAL COURT OF CANADA
Date: 19981110
Docket: IMM-2971-98
Between:
| JEAN M. HARRY |
Applicant
- and -
| THE MINISTER OF CITIZENSHIP AND IMMIGRATION |
Respondent
REASONS FOR ORDER AND ORDER