Singh v. Canada ( Minister of Citizenship and Immigration )
IMM-3512-95
Denault J.
1/5/96
7 pp.
Appeal from Prothonotary's decision dismissing motion for extension of time-On November 23, 1995, applicant denied refugee status by Immigration and Refugee Board-On December 15, 1995, filed application for leave to commence application for judicial review-Under Federal Court Immigration Rules, 1993, R. 10(1), applicant has 30 days after filing application for leave to serve "applicant's record" on respondent and file in Registry-Due to Christmas vacation, which interrupted calculation of time from December 21, 1995 to January 7, 1996, time expiring February 1, 1996-On February 6, 1996, after expiry of time fixed, counsel for applicant filing motion for extension of time, to which respondent objected-Explaining delay by saying had to complete and file another record in same time period-Prothonotary rejecting explanation as insufficient, dismissing motion for extension of time-Decision not clearly wrong-Motion for extension became vital to final issue of case-Motion for extension of time must be dismissed due to applicant's failure to give valid explanation for delay in filing record between December 15, 1995 and February 1, 1996-Appeal dismissed-Federal Court Immigration Rules, 1993, SOR/93-22, R. 10(1).