The applicant brought a motion in writing under Rule 399 to set aside an earlier order that dismissed her application for leave and judicial review for failure to perfect.
She claimed her immigration consultant submitted the leave application without her knowledge and then lied about its dismissal.
The Court found the 17-month delay in filing the motion fatal.
The Court also held that the applicant's failure to inform herself of the consultant's actions did not constitute a "matter" that would warrant setting aside the order under Rule 399(2)(a).
The motion was dismissed.