CITIZENSHIP AND IMMIGRATION |
Immigration Practice |
Turkcan v. Canada (Minister of Citizenship and Immigration)
IMM-2722-03
2004 FC 1535, Heneghan J.
29/10/04
7 pp.
Judicial review of Immigration and Refugee Board decision applicants neither Convention refugees nor persons in need of protection pursuant to Immigration and Refugee Protection Act--Applicants citizens of Turkey--Basis of principal applicant's claim fear of Hezbollah--Applicant arrived in Canada on August 1, 2000, claimed Convention refugee status--Wife, son arriving in 2001--Wife becoming ill during hearing--Transported to hospital--Request for de novo hearing denied--Board suggested wife could waive right to be present throughout hearing--Former Immigration Act, s. 69(2) providing Refugee Division shall hold proceedings in presence of subject of proceedings "wherever practicable"-- Applicants submitting Board erred in refusing female applicant de novo hearing--Female applicant arguing Board erred in interpretation of words "wherever practicable" in Immigration Act, s. 69(2)--Board not erring in refusing request of female applicant for lengthy postponement, new hearing before different panel--Board entitled to establish own procedures within limits of applicable statute, Immigration Act--Right co-existing with s. 69(2) which provides substantive but less than absolute right for concerned person to be present during hearing--Words "wherever practicable" giving Board discretion as to whether concerned person will be present for whole hearing--Alternative argument made by female applicant Charter, s. 7 rights breached as consequence of non-attendance for whole hearing not accepted--Proceedings before Board administra-tive in nature, not trial upon criminal charge--Applicants failed to show basis for judicial intervention--Application dismissed-- Immigration and Refugee Protection Act, S.C. 2001, c. 27--Immigration Act, R.S.C., 1985, c. I-2, s. 69(2) (as am. by S.C. 1992, c. 49, s. 59)--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. 7.