Garcia v. Canada ( Minister of Employment and Immigration )
92-T-1854
Rothstein J.
24/11/93
9 pp.
Application for judicial review of decision by credible basis panel applicant having no credible basis for Convention refugee claim -- Whether adjudicator erred in insisting credible basis hearing proceed in English when applicant requested services of English-Spanish interpreter -- Case to be decided by reference to Immigration Regulations, 1978, s. 27(2)(c) -- Applicant's request for interpreter denied three times -- S. 27(2)(c) not complied with as adjudicator did not satisfy himself, before evidence presented, applicant able to understand and communicate in English-Questions of compliance with statutory provisions rooted in procedural fairness requirements demanding closer scrutiny-Applicant's admissions as to understanding of English not demonstrating sufficient ability to communicate and understand in English -- Proceedings before immigration tribunal involving serious issues of law and fact -- When credibility in issue, ability of applicant to communicate adequately having special importance -- Adjudicator should have conducted at least informal dialogue with applicant about some of factual and legal issues to be dealt with at hearing in order to make informed decision as to whether applicant could, for purposes of credible basis inquiry, understand and communicate in English -- Question of need for interpreter not to be decided as hearing progresses -- Required inquiry preliminary one -- Adjudicator erring by not complying with s. 27(2)(c) -- Application granted -- Immigration Regulations, 1978, SOR/78-172, s. 27(2)(c).