Filipovic v. Canada ( Minister of Citizenship and Immigration )
IMM-3418-98
Dubé J.
29/1/99
5 pp.
Application for judicial review of decision of Post-Claim Determination Officer (Tribunal) refusing application for consideration under Post Determination Refugee Claimants in Canada class (PDRCC class)-Applicants, citizens of former Yugoslavia, arrived in Canada in April 1995-Refugee claim denied on May 6, 1998 by Convention Refugee Determination Division (CRDD)-On June 8, 1998, counsel for applicants returned by courier PDRCC applications to Canada Immigration Centre, Post-Determination Review-On June 23, 1998, applicants received copy of letter dated June 17, 1998 from Tribunal applications not received within required time period, therefore refused-Whether Tribunal erred in refusing PDRCC applications-Notice of Tribunal's decision dated May 6, 1998, signed only May 14, 1998-Applicants received Tribunal's decision by regular mail on May 22, 1998-Applicants' counsel sent applications by courier Monday, June 8, 1998-Application to be submitted "not later than 15 days after the person is notified of the determination by the Refugee Division" under Immigration Regulations, 1978, s. 11.4(2)(b)-Applicants not submitting applications on 15th day, Saturday, but on following Monday-While Saturday not specifically included along with Sunday as holiday in Interpretation Acts, government offices, provincial or federal, not open on Saturdays-Tribunal creating unlawful exercise of statutory authority inconsistent with duty of fairness owed to applicants-Fettering discretion through imposition of overly strict interpretation of own guidelines-Application granted-Immigration Regulations, 1978, SOR/78-172, s. 11.4(2)(b) (as enacted by SOR/93-44, s. 10; 97-182, s. 5)-Interpretation Act, R.S.C., c. I-21-Interpretation Act, R.S.B.C. 1979, c. 206.