Phillip v. Canada ( Minister of Citizenship and Immigration )
IMM-507-99
Campbell J.
22/10/99
4 pp.
Application to set aside decision of Refugee Division-Whether jurisdictional requirements of Immigration Act, s. 69(7) complied with-Hearing commenced on October 6, 1998 before panel members Luciuk, Knevel-Neither counsel nor claimant present at that time-Matter adjourned to October 30, 1998-Hearing resumed on October 30, neither counsel nor claimant present-When case came on for hearing again on November 26, 1998 in presence of claimant, counsel, Luciuk had withdrawn, been replaced by new member Jackson-Whether newly constituted panel had jurisdiction-Under Act, s. 69(7), hearing can only be resumed before newly constituted panel with consent of claimant-November 26 hearing resumption of hearing from October 30, not commencement of new hearing-Newly constituted panel lacked jurisdiction to render decision as procedure required by s. 69(7) not followed-Application allowed-Immigration Act, R.S.C., 1985, c. I-2, s. 69 (as am. by R.S.C., 1985 (2nd Supp.), c. 10, s. 5; R.S.C., 1985 (4th Supp.), c. 28, s. 18; S.C. 1992, c. 49, s. 59).