Federal Court Decisions

     IMM-1823-97

     OTTAWA, ONTARIO, MONDAY, THIS 15TH DAY OF SEPTEMBER, 1997

     BEFORE: THE HONOURABLE MR. JUSTICE TEITELBAUM

BETWEEN:

     CARMEN DE JESUS FIGUEROA DE UMANA

     Applicant

     - and -

     THE MINISTER OF CITIZENSHIP AND IMMIGRATION

     Respondent

     ORDER AND REASONS FOR ORDER

TEITELBAUM J:

     The applicant filed, on August 21, 1997, a Notice of Motion for an extension of time within which to move for a reconsideration and for a reconsideration of a decision that I gave on July 17, 1997 wherein I dismissed the applicant's application for leave and for judicial review because she failed to file an Application Record within the legal delays.

     With regard to filing the present application for reconsideration "out of time", the applicant states that it was through inadvertence.

     Rule 337(5) of the Federal Court Rules states:

Within 10 days of the pronouncement of judgment under paragraph (2)(a), or such further time as the Court may allow, either before or after the expiration of that time, either party may move the Court, as constituted at the time of the pronouncement, to reconsider the terms of the pronouncement, on one or both of the following grounds, and no others;

(a) that the pronouncement does not accord with the reasons, if any, that may have been given therefor;

(b) that some matter that should have been dealt with has been overlooked or accidentally omitted.

     Inadvertence by itself is not a reason to grant an application for reconsideration.

     After reviewing the documents in this file, I see no reason to reconsider my Order of July 17, 1997. It would appear to me that making a claim for refugee status or of asking for leave to have a decision reviewed where one was denied refugee status is of such importance that all steps required to proceed with such a claim within the legal delays would be followed.

     The present application is denied.

                             "Max M. Teitelbaum"

                                                          J.F.C.C.