CITIZENSHIP AND IMMIGRATION |
Immigration Practice |
Yang v. Canada (Minister of Citizenship and Immigration)
IMM-4408-00
2001 FCT 219, Lutfy A.C.J.
22/3/01
4 pp.
Application for judicial review of decision to exclude applicant under Convention, Art. 1(F)(a)--When exclusion issue came up during applicant's testimony, Refugee Division (IRD) dismissed applicant's request for adjournment to another day, only allowing 80-minute recess--Application allowed--Immigration Act, s. 69.1(5) providing IRD to give claimant reasonable opportunity to present evidence, question witnesses and make representations--Act, s. 69(6) requiring IRD only grant adjournment when satisfied proceeding will not be unreasonably impeded--Adjournment criteria listed in Convention Refugee Determination Division Rules, s. 13(4)--Federal Court has consistently emphasized importance of adequate notice to refugee claimant concerning possibility of exclusion issue--80-minute adjournment insufficient--Applicant and counsel had right to longer adjournment to prepare for exclusion issue--Failure to adjourn to another day constituting breach of procedural fairness and natural justice--Immigration Act, R.S.C., 1985, c. I-2, s. 69(6) (as am. by R.S.C., 1985 (4th Supp.), c. 28, s. 18), 69.1(5) (as enacted by R.S.C., 1985, (4th Supp.), c. 28, s. 18; S.C. 1992, c. 49, s. 60)--Convention Refugee Determination Division Rules, SOR/93-45, R. 13(4)--United Nations Convention Relating to the Status of Refugees, July 28, 1951, [1969] Can T.S. No. 6, Art. 1F(a).