Montiel v. Canada ( Minister of Citizenship and Immigration )
IMM-2635-94
McGillis J.
8/2/95
3 pp.
Application for judicial review of immigration adjudicator's decision applicant person described in Immigration Act, s. 27(2)(b), having worked in Canada without authorization -- Whether applicant denied fair hearing in contravention of principles of natural justice, by virtue of incompetence of representative at hearing -- During all dealings with immigration authorities, applicant represented by well-intentioned woman who was neighbour -- Evidence in record establishing applicant suffered actual prejudice as result of virtually total incompetence of representative in conduct of hearing -- Applicant denied fair hearing by virtue of incompetence of representative -- Breach of natural justice -- Application allowed-Matter remitted for rehearing and redetermination before different adjudicator -- Immigration Act, R.S.C., 1985, c. I-2, s. 27 (as am. by R.S.C., 1985 (3rd Supp.), c. 30, s. 4; S.C. 1992, c. 49, s. 16).