CITIZENSHIP AND IMMIGRATION |
Immigration Practice |
Cove v. Canada (Minister of Citizenship and Immigration)
IMM-934-01
2001 FCT 266, Pelletier J.
30/3/01
5 pp.
Application for extension of time to bring application for judicial review of visa officer's decision rejecting applicant's request for visa--Applicant's problems attributable to immigration consultant who delayed taking action on applicant's file until limitation period found in Federal Court Act nearly expired--Consultant not providing retained lawyer information required to prepare notice of application --One of elements of test for granting extension of time failure to commence application in timely manner must be explained--Explanation offered: consultant failed to properly discharge obligations--Material silent on two-week delay in filing application for extension of time--Applicant claiming dispensation from rules as not represented by lawyer, received bad advice--Applicants will be held to consequences of choice of advisor even when advisor lawyer--Individuals holding themselves out as skilled in immigration matters will be held to same standard as those customarily appearing before Court--Explanation offered for delay not entitling applicant to relief sought--Application dismissed--Federal Court Act, R.S.C., 1985, c. F-7.