Digests

Decision Information

Decision Content

Citizenship and Immigration

Immigration Practice

Judicial review of Immigration and Refugee Board decision denying applicant stay of removal based on humanitarian and compassionate grounds—Whether Board breached procedural fairness, natural justice by allowing applicant to be represented by someone other than authorized representative pursuant to Immigration and Refugee Protection Regulations, SOR/2002-227—Board having duty to verify individuals representing clients are authorized representatives, or are not receiving fee for services—Person retained by applicant underwent necessary verifications and was found to be authorized representative—Applicant accepted representative delegated to him by that person—In light of this acceptance, Board fulfilled any verification duties incumbent upon it—Breach of procedural fairness, natural justice not established—Application dismissed.

Domantay v. Canada (Minister of Citizenship and Immigration) (IMM-5109-07, 2008 FC 755, Lagacé D.J., judgment dated June 18, 2008, 11 pp.)

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