Digests

Sathasivam v. Canada (Minister of Citizenship and Immigration)

IMM-2484-00

2001 FCT 1080, MacKay J.

2/10/01

8 pp.

Judicial review of CRDD's decision denying applicant's request to reinstate Convention refugee claim--Applicant claiming Convention refugee status upon arrival in Canada in August 1998--While awaiting hearing, met, married wife, successful Convention refugee claimant and permanent resident--Preliminary hearing held in May 1999, and no date set for full hearing by mid-summer--Claiming frustration over delay in processing Convention refugee claim and advice from then counsel led him to believe application for permanent residence would be more expeditiously dealt with if sought as member of family class, sponsored by wife--Withdrew Convention refugee claim in August 1999--Application for permanent residence refused in February 2000--Application to reinstate Convention refugee claim denied because CRDD not believing applicant's former counsel advised him to withdraw claim or that not appreciating possibility application for permanent residence might be refused--CRDD stating claimant's former counsel highly experienced, appearing before CRDD almost daily; inconsistent with counsel's experience, knowledge of Convention refugee law to recommend to claimant to withdraw claim for quicker landing through wife's application--Application allowed--CRDD erred in law in relying upon own knowledge of applicant's former counsel to discredit, disbelieve applicant's evidence that misled by counsel's advice, without giving applicant notice of its doubt about that evidence, opportunity to address doubt--Key factor, though not only factor, on which CRDD relied--Error sufficient to warrant order setting aside decision--Reconsideration may produce same result, but where unfairness in process, Court having obligation to intervene.