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Le Dang v. Canada ( Minister of Citizenship and Immigration )

IMM-2835-96

Dubé J.

6/6/97

3 pp.

Application for judicial review of decision of Registrar of Appeal Division of Immigration and Refugee Board-Whether Registrar erred in law by refusing applicant's request to be heard by Appeal Division of Board (IAD) first and by Refugee Division after if still necessary-IAD not depriving applicant of right of appeal-No requirement in law for IAD to proceed with hearing of applicant's appeal prior to refugee hearing-Applicant not denied legal rights, benefit of procedure available to her-Order in which various hearings proceed not affecting any of applicant's substantive rights-Nothing in Act to prevent IAD from scheduling hearings as it sees fit, provided hearings held within reasonable period of time-Matter of first impression-IAD has not acted without jurisdiction or erred in law under Federal Court Act, s. 18.1-Application dismissed-Federal Court Act, R.S.C., 1985, c. F-7, s. 18.1 (as enacted by S.C. 1990, c. 8, s. 5).

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