Canada ( Minister of Citizenship and Immigration ) v. Lau
T-1207-98
Giles A.S.P.
10/12/98
3 pp.
Motion to have application dismissed as applicant had not filed affidavit as required by r. 306-However, Rules silent about case of appeal from Citizenship Judge's decision, as herein, where applicant not seeking to rely on affidavit evidence but on record before Citizenship Judge and to have matter reheard without filing additional evidence-By analogy with r. 308, respondent had 30 days from end of time limited for filing of applicant's affidavit within which to file his own affidavits-Court granting extension of time for filing respondent's affidavits to 30 days from date of present order and adjusting all other times to flow therefrom as if that filing were at correct time-Motion otherwise dismissed-Federal Court Rules, SOR/98-106, rr. 306, 308.