[2011] 4 F.C.R. D-10
Citizenship and Immigration
Status in Canada
Convention Refugees and Persons in Need of Protection
Judicial review of Immigration and Refugee Board decision determining that applicant neither Convention refugee nor person in need of protection—Applicant, citizen of St. Vincent and the Grenadines, fleeing abusive father—Board finding applicant’s allegations not credible, denying refugee claim—Applicant submitting that acts, omissions of representative, certified immigration consultant, constituting incompetence resulting in miscarriage of justice—Whether conduct of applicant’s representative before Board resulting in breach of principles of natural justice—There was some merit in representative’s concern that Board member unnecessarily direct, harsh with applicant—However, conduct of representative in addressing issue rude, unprofessional, hostile, falling outside range of reasonable professional assistance—Representative’s failure to inform applicant of decision not to seek recusal of member, failure to provide written submissions also falling outside range of behaviour reasonably expected of competent representative—Reliability of Board’s credibility finding compromised by representative’s incompetence—Representative’s behaviour affecting applicant’s demeanour, ability to be forthright witness—Failure to provide written submissions compromising reliability of decision under review—Justice requiring that applicant’s claim for protection be sent back for rehearing before different member—Application allowed.
Medica v. Canada (Citizenship and Immigration) (IMM-6842-10, 2011 FC 927, Zinn J., judgment dated July 25, 2011, 18 pp.)