Kitoyo v. Canada ( Minister of Citizenship and Immigration )
IMM-693-99
Teitelbaum J.
10/12/99
13 pp.
Application for judicial review of IRB decision applicant's claim for refugee status, on basis of fear of persecution, abandoned-Since October 1997, applicant under medical care for post-traumatic deafness and dizziness, and chronic head pain resulting from numerous blows to skull by club-Applicant failed to appear at hearing-Applicant's lawyer had not seen applicant in nearly one year and had not been able to reach applicant prior to hearing-Applicant's doctor, who wrote letter explaining absence due to recent episode of pain and dizzy spells, later admitted had not seen applicant during time referred to in letter-Applicant acknowledged receiving notice of hearing but did not attempt to communicate with counsel, assuming latter informed of situation and would contact him-Mentioned difficulty in covering legal fees-Issue whether IRB's decision unreasonable, arbitrary, or based on irrelevant considerations-Application dismissed-Refugee applicant has duty to pursue claim or cannot expect to remain in Canada-Claimant had obligation to let immigration officials know unable to attend hearing as soon as realized medical condition would prevent him from attending-Evidence at no time tried to contact counsel-If applicant able to make phone calls to contact doctors, then able to call counsel to inform him would not be present at hearing-Alleged financial pressures no excuse-Totally unacceptable for individual making claim for refugee status on grounds of fear of persecution-Inconceivable person serious about claim would not contact counsel for almost one year, particularly after receiving convocation for hearing.