CITIZENSHIP AND IMMIGRATION |
Immigration Practice |
Avci v. Canada (Minister of Citizenship and Immigration)
A-8-03
2003 FCA 359, Evans J.A.
30/9/03
4 pp.
Appellant claimed refugee status in Canada--Immigration and Refugee Board (Board) rejected claim--Appellant applied for judicial review of decision, but application dismissed ((2002), 226 F.T.R. 238 (F.C.T.D.))--Appellant now appeals from judicial review decision--Whether Applications Judge erred in holding that, having reserved decision, Board became functus officio when panel members sign written reasons for decision and transmit document to registrar--Oral delivery of reasons of decision from bench sufficiently formal act marking panel's final decision, after which members cannot change their minds--Counsel for Minister conceded that if panel not functus officio on November 7, 2001 when panel dictated reasons, Board's decision must be set aside--Breached duty of fairness when it failed to consider, or to refer in reasons to, material submitted to Board on behalf of appellant on November 20, 2001, two days before it signed written reasons for decision--Judicial review allowed.