Siloch v. Canada ( Minister of Employment and Immigration )
A-88-92
Décary J.A.
11/1/93
6 pp.
Application to set aside finding no credible basis for Convention refugee claim, deportation order -- Hearing postponed less than two months to allow applicant to retain representative -- Applicant present on appointed date with seven-month-old child, but representative failing to appear, allegedly due to car accident -- Request for another adjournment denied essentially as adjudicator knew, from past experience and from another hearing over which presided same day, immigration consultant unreliable -- Application allowed -- Denial of adjournment deprived applicant of right to fair hearing in circumstances, i.e. unquestionable intention of applicant to proceed, applicant having no reason to question reliability of consultant until failed to appear, only adjournment granted thus far had been to allow appointment of representative, applicant not at fault for not being ready, adjudicator considered factor unknown to applicant and therefore irrelevant (adjudicator's experience same day in another case and consultant's history of poor behaviour), adjudicator neither inquiring into length of adjournment sought nor offering short adjournment to enable applicant to find new representative, no indication short adjournment would affect immigration system or needlessly delay, impede or paralyse conduct of inquiry -- Adjournment refused because applicant had misfortune of retaining irresponsible consultant and additional misfortune of facing Adjudicator who had long-standing dislike for consultant -- Denial of right to fair hearing always rendering decision invalid: Cardinal et al. v. Director of Kent Institution, [1985] 2 S.C.R. 643 -- Immigration Regulations, 1978, SOR/78-172, s. 35(1) (as am. by SOR/89-38, s. 13(1)).