Sabet v. Canada ( Minister of Citizenship and Immigration )
IMM-12-98
Nadon J.
25/6/98
5 pp.
Judicial review of CRDD's declaration applicant's claim to refugee status abandoned-Applicant, born in 1993, citizen of Iran-Arrived in Canada in 1996 with mother, who filed claim for refugee status on behalf of herself, applicant-Refugee hearing adjourned because applicant not present-Applicant still not present when hearing resumed-CRDD's conclusion resulting from findings: applicant living in United States of America, not present at hearing, would not be able to return in near future-Immigration Act, s. 69.1(6) permitting Refugee Division to declare claim abandoned after giving person reasonable opportunity to be heard, where person not appearing for hearing-Applicant's mother testifying son abducted by father, who had left her message that he had taken applicant to New York-Application allowed-CRDD failing to consider, as it ought to, reason for applicant's failure to appear at hearing-Preoccupied with fact applicant not present at hearing because probably with father in New York-That applicant not leaving Canada willingly, and thus unable to be present at refugee hearing very relevant factor in deciding whether applicant had abandoned refugee claim-Nadon J. disagreeing with CRDD's approach abduction not relevant because result of "family dispute"-Matter returned to differently constituted panel for reconsideration in light of reasons-Had CRDD declared applicant's refugee claim to have been abandoned because of insufficiency of evidence concerning abduction, this application would have been dismissed, but CRDD apparently accepted mother's testimony concerning son's abduction, present whereabouts-Immigration Act, R.S.C., 1985, c. I-2, s. 69.1(6) (as enacted by R.S.C., 1985 (2nd Supp.), c. 10, s. 5; as am. by S.C. 1992, c. 49, s. 60).