CITIZENSHIP AND IMMIGRATION |
Immigration Practice |
Farooqui v. Canada (Minister of Citizenship and Immigration)
IMM-5824-03
2004 FC 1162, Mosley J.
23/8/04
10 pp.
Judicial review of Immigration and Refugee Protection Board's decision not to postpone refugee hearing until date when counsel could be present--Refugee claim process commenced in Montréal--Applicants then moved to Toronto --Notified Board of new address--Two weeks later received notice to appear before Board in Montréal--Application to change location of hearing denied--Request to change date of hearing as counsel already scheduled to appear in Toronto, denied--Applicants compelled to proceed in absence of counsel--Denial of fair hearing--Tribunal record states reasons for refusing application to change date of hearing as "Rule [Refugee Protection Division Rules] 47(4)(c)-- Sorry"--R. 47(4)(c) sets out one of factors to be considered in deciding application for change of venue--R. 48(4) setting out factors to be considered in deciding application for change of date--Board erred in law in relying on factor applicable to r. 47 application in determining r. 48 application--Such error relevant given different wording in rr. 48(4)(j) and 47(4)(c) --Moreover, Board's statement "when a date is set, you have to proceed with this date. If you want to have another lawyer, he has to proceed on the same date" suggesting Board too narrowly viewed ability to grant short adjournment--Finally, factors such as no previous request for adjournments, evidence move to Toronto prior to notice of hearing date genuine, apparently played no part in Board's decision--Application allowed--Refugee Protection Division Rules, SOR/2002-228, rr. 47(4), 48.