Rascanu v. Canada ( Minister of Employment and Immigration )
92-T-2151
Reed J.
1/4/93
9 pp.
Motion for order to strike out application for leave to appeal as application record not properly perfected in accordance with Federal Court Immigration Rules, 1993, R. 10 -- Under Federal Court Immigration Rules in effect when application for leave to commence proceedings to set aside decision no crebible basis for Convention refugee status filed, time limit for filing affidavits and written submissions in support of application expired February 8, 1993 -- Application record filed on expiry date containing application for leave, deportation order, written submissions of argument, affidavit -- Affidavit describing in detail proceedings and evidence before Tribunal -- Under new Rules coming into effect February 1, 1993 providing application record not required to be filed until 30 days after written reasons of Tribunal received or if no written reasons within 30 days of being notified of that fact -- Chief Justice issuing directions application for leave presently before Trial Division to be governed mutatis mutandis by new Rules -- Respondent submitting (1) applicant intending to rely on transcript of hearing and requesting it be forwarded to Federal Court Registry without delay; (2) applicant not serving respondent with record containing written reasons given by Tribunal; (3) respondent cannot effectively address applicant's submissions without reference to actual transcript -- Motion dismissed -- (1) No evidence R. 20 letter ever sent by Registry to obtain record -- Applicant unaware of whether transcript prepared as obtaining tapes of proceeding and preparing affidavit therefrom -- (2) Neither old nor new Rules requiring provision of transcript to Court and parties before application for leave to commence proceedings decided -- Also when Tribunal's decision given and when leave to appeal application filed, Tribunal not obliged to give written reasons -- Mutatis mutandis signifying while new Rules apply generally to existing applications, to be adapted when necessary to allow meshing of old with new -- Leave to appeal application properly perfected by filing of application record containing significant description of challenged decision -- (3) Respondent could have sought transcript himself, or could have obtained copies of tapes of proceedings -- When extension of time sought, both parties should seek copies of tapes so as to be able to assure Court some merit to dispute -- Federal Court Immigration Rules, SOR/89-26, RR. 4 (as am. by SOR/91-698, s. 3), 9(4)(b) (as am. idem, s. 7), 23(3) -- Federal Court Immigration Rules, 1993, SOR/93-22, RR. 10, 20.