CITIZENSHIP AND IMMIGRATION |
Status in Canada |
Convention Refugees |
Nunez v. Canada (Minister of Citizenship and Immigration)
IMM-1172-00
Pelletier J.
28/4/00
9 pp.
Application for leave and judicial review of CRDD decision dismissing application for refugee status--Application for refugee status made in February 1996--CRDD heard application 2/3/98 and 20/5/98--CRDD decision dated 16/11/98, notice of decision dated 2/12/98--In affidavit, applicants deposed changed address in June or July 1998 and notified counsel of change--Allegation incorrect address taken down--Applicants learned for first time of negative decision in September 1999, explaining notification probably sent to incorrect address given by counsel to CRDD and counsel, who had been duly notified of negative decision, probably assuming applicant and family had decided to do nothing about it--Sought advice from different sources but did nothing until 6/3/00, after receiving direction to report on 26/2/00--Applicants defend failure to commence judicial review proceedings by accusing former counsel of serious professional misconduct--Application dismissed--In absence of counsel's explanation for conduct in question or evidence matter has been referred to governing body for investigation, Court not prepared to accept allegation of serious professional misconduct--Question of recognizing allegations of professional negligence easily made and, if accepted, generally result in relief sought being granted--Proof offered in support of such allegation should be commensurate with serious nature of consequences for all concerned.