Torres v. Canada ( Minister of Employment and Immigration )
92-T-185
Rouleau J.
3/11/93
7 pp.
Application for judicial review of Tribunal's decision no credible basis for applicants' Convention refugee claim -- Applicants married citizens of Argentina -- Husband's inquiry to proceed jointly with wife's -- Applicants appearing before Tribunal on August 11 requesting adjournment because of unavailability of husband's counsel -- Adjournment denied and applicants advised to go to Law Society of Upper Canada and sue lawyer if dissatisfied with performance -- Inquiry proceeded and applicants advised matter would continue on September 11 -- Instructed tapes of day's proceeding available if counsel desiring to attend at resumption -- Counsel not receiving transcripts prior to September 11 -- Requesting adjournment as having no knowledge of what had transpired nor evidence disclosed -- Adjournment denied -- Adjudicator remarking "You don't need a lawyer to help you tell the truth" -- Application allowed -- Refusal of adjournment on August 11 infringing natural justice -- Applicants not fully understanding proceedings and effectively denied assistance from counsel -- Adjudicator's understanding of fundamental right to counsel tainted in light of remarks lawyers not necessary to tell truth, solution to sue lawyer -- Overall tone of decision, apparent demeanour of Adjudicator infringing natural justice -- Refusal to adjourn on September 11, when counsel obligated to proceed without having opportunity to hear tapes and properly prepare through no fault of own, also breach of natural justice -- Applicants doing everything could to be represented by counsel -- Adjournment having little effect on immigration system and not needlessly delaying, impeding or paralysing conduct of inquiry.