CITIZENSHIP AND IMMIGRATION |
Immigration Practice |
Dias v. Canada (Minister of Citizenship and Immigration)
IMM-2593-01
2003 FCT 84, Heneghan J.
27/1/03
6 pp.
Judicial review of Immigration and Refugee Board, Convention Refugee Determination Division (Board) decision applicants not Convention refugees--Whether applicants suffered breach of procedural fairness as consequence of Board's denial of requests for adjournment to allow applicants to be represented by counsel at Convention refugee determina-tion hearing--Board has right to control own procedures-- However, not absolute right to exclusion of applicants' right to retain counsel and to make full and fair representation during proceedings--In Siloch v. Canada (Minister of Employment and Immigration) (1993), 151 N.R. 76, Federal Court of Appeal set forth number of factors to be considered by administrative tribunal in responding to request for postponement--In present case, Board limiting attention to only one relevant factor instead of considering every relevant factor--No evidence related to Board giving any consideration to other factor--Omission constituting error in circumstances of present case; breach of procedural fairness in relation to applicants--Application allowed.