Linartez v. Canada ( Minister of Citizenship and Immigration )
IMM-2539-94
Nadon J.
31/3/95
16 pp.
Application for judicial review of Refugee Division (tribunal) decision rejecting applicant's claim as not credible-Only issue procedural fairness and fundamental justice-Applicant argued panel refused adjournment requested by his counsel and continued hearing without applicant being represented by his counsel-Applicant's arguments panel acted arbitrarily and abused its authority without foundation-Counsel negligent in accepting retainer knowing she could not represent him on November 2, 1993-Contrary to what applicant contends, when panel refused to adjourn hearing it was exercising discretion vested in it by Immigration Act, s. 69(6)-Having accepted retainer from applicant, counsel obliged to act in interest of client, which she failed to do when she left hearing and abandoned her client-Applicant's right to be represented by counsel respected-No violation of principles of fundamental justice and procedural fairness-Facts of case support panel's refusal to adjourn hearing and decision to continue despite fact applicant's counsel had left-Application dismissed-Immigration Act, R.S.C., 1985, c. I-2, s. 69(6) (as am. by R.S.C., 1985 (4th Supp.), c. 28, s. 18).