Canada ( Minister of Citizenship and Immigration ) v. Dhaliwal-Williams
IMM-1026-96
NoÎl J.
28/5/96
6 pp.
Application pursuant to R. 337(5) for reconsideration of order granting applicant's motion for extension of time to serve application for leave and for judicial review and to serve and file application record-March 6, 1996, Appeal Division of Immigration and Refugee Board allowing respondent's appeal of visa officer's decision refusing sponsored application for permanent residence filed by daughter from India-Applicant filed, within prescribed time, application for leave and for judicial review at Court and left copy of application with receptionist at law firm of counsel who had acted at hearing before Appeal Division-Not retained for this matter-New solicitor for respondent advising of position that application not served within time to proper party and instructed to oppose any application to extend time-April 10, withdrew from practice but advised Registry officer on April 23 respondent would be replying to applicant's notice of motion through new counsel-May 1, new counsel left voice-mail message with Registry officer-May 3, facsimile letter to Registry advising respondent would be making submissions in reply no later than May 6, 1996-Order for extension of time made afternoon of May 3 without benefit of letter-Information respecting respondent's previous solicitor's contact with Registry as well as solicitor's facsimile letter of May 3 not before Court when order made-Therefore, proper case for reconsideration under R. 337(5)-Also, Federal Court Immigration Rules, R. 6 explicitly requiring request for extension of time be in application for leave, to be considered at same time and on same materials as application for leave-Application for extension not properly before Court in present case because not contained in leave application-Finally, personal service required on respondent under Federal Court Immigration Rules, R. 7-Respondent's motion for reconsideration allowed and order of May 3 rescinded-Federal Court Rules, C.R.C., c. 663, R. 337(5)-Federal Court Immigration Rules, SOR/93-22, RR. 6, 7.