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     IMM-2641-95

Ottawa, Ontario, December 20, 1996

Present: Mr. Justice Muldoon

Between:

     HAMED FAZELI,

     Applicant,

     and

     MINISTER OF CITIZENSHIP

     AND IMMIGRATION,

     Respondent.

     ORDER

     The applicant having failed to prosecute the application, and for the reasons set out and attached to this order,

     THE COURT ORDERS that the application for leave to commence an application for judicial review filed by the applicant on September 28, 1995, be and it is hereby dismissed.

     F.C. Muldoon

                             Judge

Certified true translation

C. Delon, LL.L.

     IMM-2641-95

Between:

     HAMED FAZELI,

     Applicant,

     and

     MINISTER OF CITIZENSHIP

     AND IMMIGRATION,

     Respondent.

     REASONS FOR ORDER

Muldoon J.

     On September 28, 1995, Hamed Fazeli, the applicant, filed an application for leave to commence an application for judicial review. In that application the applicant was seeking a writ of certiorari to set aside the decision made on September 7, 1996, by the post claims determination officer.

     Leave was granted by Madam Justice McGillis on February 1, 1996. On March 13, 1996, counsel for the applicant filed an motion seeking to be removed from the record. In her notice of motion, she stated that the disappearance of the applicant prevented her from properly and adequately performing the services for which she had been retained. Mr. Justice Denault granted that motion on March 18, 1996.

     On October 16, 1996, having been informed of the fact that the applicant had still not retained new counsel and that he had not indicated that he would be representing himself, the Associate Chief Justice ordered him to show cause in writing, before November 15, 1996, why his application for judicial review should not be dismissed summarily for want of prosecution.

     The documents in the record establish that the Court Registry tried in vain to serve the applicant with a copy of the order of the Associate Chief Justice. An envelope was sent to his last known address on October 28, 1996. It was returned on November 19, 1996. The notation "unclaimed" appears thereon. The applicant has never done what the order enjoined him to do.

     There is nothing in the record to suggest that the applicant is still in Canada or, at the very least, that he intends to go ahead with his application for judicial review. For these reasons, the Court dismisses the application for judicial review filed by the applicant on September 28, 1995.

     F.C. Muldoon

                             Judge

Ottawa, Ontario

December 20, 1996

Certified true translation

C. Delon, LL.L.

     FEDERAL COURT OF CANADA

     TRIAL DIVISION

     NAMES OF COUNSEL AND SOLICITORS OF RECORD

COURT FILE NO:      IMM-2641-95

STYLE OF CAUSE:      Hamed Fazeli v. M.C.I.

REASONS FOR ORDER OF MULDOON J.

DATED DECEMBER 20, 1996

APPEARANCES:

Hamed Fazeli              FOR HIMSELF

Michel Synnott              FOR THE RESPONDENT

SOLICITORS OF RECORD:

Hamed Fazeli              FOR HIMSELF

Montréal, Quebec

George Thomson              FOR THE RESPONDENT

Deputy Attorney General of Canada

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