Alegria-Ramos v. Canada ( Minister of Citizenship and Immigration )
IMM-1195-98
Dubé J.
25/1/99
4 pp.
Application for judicial review of decision of Immigration and Refugee Board of Canada declaring applicants' claims abandoned-Applicants citizens of Chile-Original hearing of application for refugee status scheduled for June 23, 1997-Hearing adjourned to January 20, 1998 due to main applicant's medical condition, state of extreme anxiety-Applicants taking several steps indicating they fully intended to pursue claim-Main applicant suffering from post traumatic stress disorder, as evidenced by psychological assessment prepared by clinical psychologist and confirmed by psychiatrist-Board's consideration of applicants' intention to pursue claims made without regard to totality of available evidence, reviewable error-Board having discretion, under Immigration Act, s. 69.1(6), not to declare claim abandoned when faced with evidence before it-Medical evidence uncontested-Board never expressed concerns regarding credibility of applicants-Board, having fettered discretion, erred in law-Decision quashed-Immigration Act, R.S.C., 1985, c. I-2, s. 69.1(6) (as enacted by R.S.C., 1985 (4th Supp.), c. 28, s. 18; S.C. 1992, c. 49, s. 60).