Date: 20031215
Docket: IMM-6530-03
Citation: 2003 FC 1467
BETWEEN:
FRANCISCA LEWIS,
Applicant,
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION,
Respondent.
[1] The applicant asks that I reconsider my order dated October 16, 2003, wherein I dismissed her application for leave to apply for judicial review for failure to file an application record. She also requests that I extend the time within which she may serve and file her application record that was due on September 22, 2003. The motion record was served and filed on October 23, 2003.
[2] A motion to reconsider is to be brought within 10 days after the making of the order, or within such other time as the court may allow: Rule 397, Federal Court Rules, 1998. The applicant learned that her application had been dismissed on October 3, 2003. Her motion is out of time. Moreover, decisions as to applications for leave are final and are subject to reconsideration only in very narrow circumstances: Jalil v. Canada (Minister of Citizenship and Immigration) 2002 FCT 321, [2002] F.C.J. No. 432. Having reviewed the materials filed in support of the motion, the applicant has not persuaded me that Rule 397 should be invoked.
[3] Had I determined otherwise, the applicant has not satisfied the prerequisites for an extension of time articulated in Grewal v. Canada (Minister of Employment and Immigration), [1985] 2 F.C. 263 (C.A.) and Canada (Attorney General) v. Hennelly (1999), 244 N.R. 399 (F.C.A.). The applicant says that she miscalculated the time period and had personal problems that included the loss of her telephone service as justification for her delay in filing the application record. There is no explanation for the 15 day delay with respect to the filing of the within motion.
[4] Regarding the merit of the application, the applicant states that she is confident that the issues to be adjudicated are serious issues of fact and law, but has not pointed to any alleged errors in the decision of the Refugee Protection Division.
[5] The motion must be dismissed.
O R D E R
IT IS HEREBY ORDERED THAT the motion is dismissed.
___________________________________
Judge
Ottawa, Ontario
December 15, 2003
FEDERAL COURT
NAMES OF COUNSEL AND SOLICITORS OF RECORD
STYLE OF CAUSE: FRANCISCA LEWIS
v.
THE MINISTER OF CITIZENSHIP AND
IMMIGRATION
MOTION DEALT WITH IN WRITING WITHOUT THE APPEARANCE
OF THE PARTIES
REASONS FOR ORDER AND ORDER
DATED: DECEMBER 15, 2003
APPEARANCES:
FRANCISCA LEWIS
SELF-REPRESENTED
KAREENA R. WILDING FOR RESPONDENT
SOLICITORS OF RECORD:
FRANCISCA LEWIS
TORONTO, ONTARIO SELF-REPRESENTED
MORRIS ROSENBERG
DEPUTY ATTORNEY GENERAL OF CANADA
FOR RESPONDENT