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Prado v. Canada ( Minister of Citizenship and Immigration )

IMM-4727-97

Dubé J.

29/10/98

3 pp.

Application for judicial review of decision of Immigration and Refugee Board denying refugee status to applicant-Latter claiming refugee status on ground of well-founded fear of persecution based on political opinion-Application first made in Montréal, Quebec-Personal Information Form (PIF) translated from Spanish to French-Applicant moved to New Brunswick-Hearing before Board held at Saint John, N.B.-Applicant speaking Spanish, some English, having no knowledge of French-Board ought to have ensured such key document as PIF be translated into English-Charter, s. 14 infringed when neither interpreter nor applicant or assistant understood official language of one of key documents-Matter referred back to another Board for rehearing based on certified English translation of applicant's PIF-Question certified for appeal-Canadian Charter of Rights and Freedoms, being Part I of the Constitution Act, 1982, Schedule B, Canada Act 1982, 1982, c. 11 (U.K.) [R.S.C., 1985, Appendix II, No. 44], s. 14.

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