CITIZENSHIP AND IMMIGRATION
Immigration Practice
Judicial review of Immigration and Refugee Board, Refugee Protection Division’s refusal to reopen refugee protection claim—Board finding failure to send notices to appear to “counsel” (“assistant” as non‑lawyer, not charging fee) identified on personal identification form not breach of natural justice—Refugee Protection Division Rules,, SOR/2002-227, r. 32(3) requiring document be provided to claimant, protected person or counsel—Even if complying with Rules, Board’s conduct not compatible with natural justice—Right to counsel including right to have counsel sent critical documents—Application allowed.
Alberti v. Canada (Minister of Citizenship and Immigration) (IMM‑4850‑05, 2006 FC 975, Simpson J., judgment dated 11/8/06, 5 pp.)