ADMINISTRATIVE LAW |
Judicial Review |
Jekula v. Canada (Minister of Citizenship and Immigration)
A-57-99
Strayer J.A.
27/11/00
1 p.
Appeal from Trial Division decision ([1999] 1 F.C. 266) dismissed--Certified questions (1) were decisions by SIO finding applicant ineligible to have refugee claim determined by Refugee Division, and excluding her from Canada, in breach of duty of fairness, in that SIO interviewed applicant in absence of counsel, when counsel may have been available to attend interview had SIO not advised applicant, through social worker, that lawyer's attendance at interview not necessary; (2) did SIO err in concluding for purpose of Immigration Act, s. 46.01(1)(a) applicant "can be returned" to country where documentary evidence establishing recognition as refugee, in absence of both travel document establishing right to enter or reside in that country, and of evidence that in fact will not be admitted) answered in negative--Immigration Act, R.S.C., 1985, c. I-2, s. 46.01(1)(a) (as enacted by R.S.C., 1985 (4th Supp.), c. 28, s. 14; S.C. 1992, c. 49, s. 36).