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     IMM-1566-97

B E T W E E N:

     ADELE MUSENDIKU OYETIBO

     Applicant

     - and -

     THE MINISTER OF CITIZENSHIP AND IMMIGRATION

     Respondent

     REASONS FOR ORDER AND ORDER

GILES, A.S.P.:

     The applicant seeks an extension of time within which to file the Applicant's Record. The delay in preparation seems to have been caused by the need to obtain Legal Aid. Numerous cases in this Court have indicated that awaiting Legal Aid does not excuse late filing of an Applicant's Record, particularly where no details are given as to the time Legal Aid was applied for, the time of various follow-up steps and the reasons given for delays in any award that might be made.

     In addition, no evidence of the existence of an arguable case for leave is presented, counsel goes to some lengths to indicate that an arguable case exists, but does not provide any specific information or evidence.

ORDER

     The motion will therefore be dismissed. However, leave will be given to reapply on or before July 18th, 1997 with evidence tending to excuse the delay and showing the existence of an arguable case for leave.

    

    

"Peter A.K. Giles"

A.S.P.

Toronto, Ontario

June 27, 1997

     FEDERAL COURT OF CANADA

     Names of Counsel and Solicitors of Record

COURT NO:                  IMM-1566-97

STYLE OF CAUSE:              ADELE MUSENDIKU OYETIBO

                     - 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:                  JUNE 27, 1997

SOLICITORS OF RECORD:

                     Mr. V. Charles Anipare

                     Barrister and Solicitor

                     4002 Sheppard Avenue East

                     Toronto, Ontario

                     M1S 4R5

                         For the Applicant

                     George Thomson

                     Deputy Attorney General

                     of Canada

                         For the Respondent


                     FEDERAL COURT OF CANADA

                     Court No.      IMM-1566-97

                     Between:

                     ADELE MUSENDIKU OYETIBO

                                 Applicant

                     - and -

                     THE MINISTER OF CITIZENSHIP

                     AND IMMIGRATION

                         Respondent

                     REASONS FOR ORDER & ORDER

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