CITIZENSHIP AND IMMIGRATION |
Immigration Practice |
Szabo v. Canada (Minister of Citizenship and Immigration)
IMM-6587-02
2004 FC 68, O'Keefe J.
16/1/04
17 pp.
Judicial review of Immigration and Refugee Board's (Board) decision declaring applicant's claim for refugee protection abandoned--Neither applicant nor counsel appeared at November 2002 hearing held by Board with respect to applicant's claim for refugee protection-- Abandonment proceedings commenced and special hearing scheduled at which time applicant would have opportunity to explain to Board why refugee claim should not be declared abandoned--Presiding member of Board concluded abandonment hearing by stating he did not accept applicant's explanation, and accordingly, declared refugee claim abandoned--Board not giving written reasons for decision as no statutory requirement to do so--Decision in question made by Board and not interlocutory decision--Accordingly, Immigration and Refugee Protection Act, ss. 168(1) and 169 applicable to Board's decision--S. 169 requiring reasons for Board's non-interlocutory decisions be given--Neither statement at conclusion of hearing rejecting explanation, declaring claim abandoned nor notice of abandonment constituting reasons for decision--Merely reflecting decision, not reasons for decision--Board erred in failing to give reasons--Since no application to reconsider order granting leave and since not situation where no grounds for leave to be granted once offending affidavit struck, Court not prepared to dismiss application due to applicant's misrepresentations on application for leave--Finally, respondent submitted costs should be awarded against applicant because of misrepresentations contained in supporting affidavit which was struck from record--Although it is applicant's application and everything filed considered part of application, unreasonable to award costs against applicant as he himself did not swear affidavit containing misrepresentations and his argument not based on offending misrepresentations-- Application allowed--Immigration and Refugee Protection Act, S.C. 2001, c. 27, ss. 168(1), 169.