Boateng v. Canada ( Minister of Employment and Immigration )
92-T-1226 / 92-T-1486 / 92-T-1620
Rothstein J.
24/11/93
6 pp.
Applications for judicial review to set aside decision of credible basis tribunal applicant having no credible basis for Convention refugee claim, and to set aside exclusion order against applicant -- Whether adjudicator in credible basis proceeding erred in refusing applicant services of interpreter -- In cases involving interpreters, proceedings before immigration tribunals deal with serious issues of law and fact -- Requirements of Immigration Regulations, 1978, s. 27(2)(c) not to be considered in vacuum -- Adjudicator should have conducted at least brief dialogue with applicant about some of factual and legal issues to be dealt with at credible basis hearing in order to make informed decision as to whether applicant could, for purposes of hearing, understand and communicate in English -- Adjudicator taking into account irrelevant considerations -- Sole issue whether applicant able to understand and communicate in English (or French) in context of hearing to be held -- That interpreter may act as screen between applicant and panel irrelevant to question of whether applicant requires interpreter -- Adjudicator not complying with requirements of s. 27(2)(c), erring in law -- Applications allowed-Serious question of general importance subject to appeal to Federal Court of Appeal-Immigration Regulations, 1978, SOR/78-172, s. 27(2)(c).