Valyenegro v. Canada ( Secretary of State )
IMM-4079-94
Giles A.S.P.
13/12/94
8 pp.
R. 324 application for extension of time to file applicant's record-Extension of time requiring (1) sufficient reasons for delay; and (2) arguable case for leave-Prothonotary having jurisdiction to vary time limit prescribed by Immigration Rules-Existence of arguable case necessarily determined by person having jurisdiction to grant extension of time-Burden of justifying extension of time resting with applicant-Non-availability of legal aid not sufficient excuse for delay-Where delay, prejudice assumed unless contrary evidence-Lack of prejudice to respondent or evidence of prejudice to appellant cannot exist where no evidence tendered as to existence of arguable case-Extension denied as no evidence with respect to lack of prejudice; paucity of evidence regarding reason for delay; and, no evidence as to existence of arguable case-Application dismissed-Federal Court Rules, C.R.C., c. 663, R. 324-Federal Court Immigration Rules (1993), SOR/93-22, R. 21(2).