CITIZENSHIP AND IMMIGRATION |
Status in Canada |
Convention Refugees |
Kvelashvili v. Canada (Minister of Citizenship and Immigration)
IMM-907-99
Rouleau J.
4/1/00
11 pp.
Judicial review of CRDD decision applicants not Convention refugees--Claimants retained counsel with assistance of legal aid certificate--Hearing to take place on November 9, 1998--On October 23, 1998 counsel's assistant wrote to the Board indicating that counsel would be absent from office indefinitely on doctor's orders, requesting adjournment--Hearings officer refused adjournment--On November 5, assistant forwarding further letter explaining counsel no longer representing claimants, still ill, requesting adjournment--Request again denied--Claimants unable to retain another lawyer four days prior to hearing--Undoubtedly impossible to obtain further approval from Legal Aid in order to retain another counsel on such short notice--Hearing taking place as scheduled without benefit of counsel--Second member of panel excusing himself, apparently because not comfortable participating in hearing in English--Transcript suggesting because counsel writing to Tribunal in French, hearings officer expected matter would proceed in French--Report prepared by officer in charge of submitting complete files to Tribunal indicating as early as June 8, 1998 hearing in English requested--Not only could one of presiding members not proceed to hear matter because to be held in English, Tribunal not even having interpreter available who could handle English-French translation--Presiding member completely ignored own officer's instruction by not having competent panel in order to conduct hearing in English--Tribunal failed to provide claimants with any independent advice--Presiding member not advising claimants could refuse to proceed with refugee hearing since only one panel member available--No valid consent if claimant pressured into consenting or not understanding what doing: Virk v. Canada (Minister of Employment and Immigration) (1992), 140 N.R. 290 (F.C.A)--Application allowed--Proceeding unfair, totally ignoring principles of natural justice.