Digests

Decision Information

Decision Content

CITIZENSHIP AND IMMIGRATION

Status in Canada

Convention Refugees

Kvelashvili v. Canada (Minister of Citizenship and Immigration)

IMM-907-99

Rouleau J.

4/1/00

11 pp.

Judicial review of CRDD decision applicants not Convention refugees--Claimants retained counsel with assistance of legal aid certificate--Hearing to take place on November 9, 1998--On October 23, 1998 counsel's assistant wrote to the Board indicating that counsel would be absent from office indefinitely on doctor's orders, requesting adjournment--Hearings officer refused adjournment--On November 5, assistant forwarding further letter explaining counsel no longer representing claimants, still ill, requesting adjournment--Request again denied--Claimants unable to retain another lawyer four days prior to hearing--Undoubtedly impossible to obtain further approval from Legal Aid in order to retain another counsel on such short notice--Hearing taking place as scheduled without benefit of counsel--Second member of panel excusing himself, apparently because not comfortable participating in hearing in English--Transcript suggesting because counsel writing to Tribunal in French, hearings officer expected matter would proceed in French--Report prepared by officer in charge of submitting complete files to Tribunal indicating as early as June 8, 1998 hearing in English requested--Not only could one of presiding members not proceed to hear matter because to be held in English, Tribunal not even having interpreter available who could handle English-French translation--Presiding member completely ignored own officer's instruction by not having competent panel in order to conduct hearing in English--Tribunal failed to provide claimants with any independent advice--Presiding member not advising claimants could refuse to proceed with refugee hearing since only one panel member available--No valid consent if claimant pressured into consenting or not understanding what doing: Virk v. Canada (Minister of Employment and Immigration) (1992), 140 N.R. 290 (F.C.A)--Application allowed--Proceeding unfair, totally ignoring principles of natural justice.

 You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.