CITIZENSHIP AND IMMIGRATION
Immigration Practice
Judicial review of Immigration and Refugee Board’s (IRB) denial of refugee claim—IRB refusing to adjourn hearing date—Applicant receiving barely three weeks’ notice of date of hearing of refugee status application—Following day, applicant retaining counsel who supplied dates of availability some four months after hearing date—IRB rejecting such dates and applicant appearing on date of hearing—In denying request for adjournment, IRB giving applicant choice of abandoning claim or proceeding unrepresented—Applicant choosing to proceed unrepresented—Review standard of reasonableness applicable to IRB’s decision—R. 48 of Refugee Protection Division Rules providing IRB having power to exercise discretion in granting adjournments of hearing dates fixed—By IRB’s practice, adjourned hearing date should be within three months of adjournment but IRB retaining discretion to grant longer period—Under r. 48(4), 11 factors to be considered in adjournment application—IRB considering fact applicant had only retained counsel day after receiving notice of hearing—Also considering factors such as Board’s mandate to proceed expeditiously and simply; number of claimants having to appear before Board; Board’s accountability to government; absence of previous delays on applicant’s part; absence of peremptory date previously set— Fact counsel not retained before notice sent irrelevant— Irrelevant whether counsel retained months in advance of date of notice since only three weeks’ notice of hearing date given —Counsel unavailable at set hearing date at time notice given —IRB not attempting to place applicant with burden of meeting new peremptory date—IRB not considering any possible injustice caused by granting or not granting adjournment under r. 48(4)(j)—Also not considering injustice caused in forcing applicant to make choice between abando-ning claim or proceeding unrepresented—IRB decision so manifestly failing to properly consider factors in r. 48(4) that unreasonable—Application allowed—Refugee Protection Division Rules, SOR/2002-228, r. 48.
Cleopartier v. Canada (Minister of Citizenship and Immmigration) (IMM-10095-03, 2004 FC 1527, Campbell J., order dated 28/10/04, 7 pp.)