Date: 19990811
Docket: IMM-6156-98
BETWEEN:
BALJIT SINGH SANDHU
Applicant
AND
MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
REASONS FOR ORDER AND ORDER
BLAIS J.
[1] This is an application for judicial review of a decision of the Convention Refugee Determination Division dated December 1, 1998, which determined that the applicant"s claim for refugee status had been abandoned.
FACTS
[2] The applicant is a citizen of India.
[3] On August 21, 1998, the Refugee Division sent the applicant a notice to appear at a hearing to be held on October 20, 1998, concerning his claim for refugee status.
[4] On October 20, 1998, the applicant did not appear at the scheduled hearing.
[5] On October 27, 1998, the Refugee Division sent the applicant a notice advising him that a hearing would be held on November 18, 1998, to allow him to explain to the Refugee Division why the panel should not declare his claim to have been abandoned.
[6] On November 18, 1998, the applicant appeared before the Refugee Division. However, the panel did not find his explanations satisfactory and the Refugee Division accordingly declared the applicant"s claim to have been abandoned.
ANALYSIS
[7] I have examined the transcript of the hearing held on November 18, 1998, as well as the decision rendered both orally at the hearing and in the document dated December 1, 1998.
[8] The applicant told the Refugee Division that he was ill on the day of the hearing, October 20, 1998, but that he simply took some medication that a friend with whom he lives gave him, as the state of his health did not require a visit to the doctor that day.
[9] Later the same day, he contacted his interpreter who suggested that he contact the Board the next day to advise them of the situation.
[10] The next day, the applicant went to the Board to make an appearance and demonstrate his interest, and he was told that he would be summoned at a later date.
[11] At the end of the hearing, the presiding member of the Refugee Division stated that the claimant knew he was required to attend on October 20, 1998, that a hearing room had been set aside for him, that he did not appear and that the Refugee Division accordingly considered the claim to have been abandoned.
[12] In my view, the Refugee Division erred and both the circumstances of this case and the evidence the claimant presented to the Refugee Board could not reasonably lead the Refugee Division to conclude that the applicant wished to abandon his claim.
[13] It is our duty to intervene when the Refugee Division"s conclusion is this unreasonable.
[14] For all of these reasons, the Board"s decision dated December 1, 1998 is reversed and the matter is referred back for rehearing by a differently constituted panel of the Refugee Division.
[15] No question will be certified as counsel for neither party submitted a question for certification.
MONTRÉAL, QUEBEC
THE 11TH DAY OF AUGUST 1999
Pierre Blais
Judge
Certified true translation
M. Iveson, LL.B.-LL.L.
Federal Court of Canada
Trial Division
Date: 19990811
Docket: IMM-6156-98
Between :
BALJIT SINGH SANDHU
Applicant
AND
MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
REASONS FOR ORDER
AND ORDER
FEDERAL COURT OF CANADA
TRIAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
COURT NO.: IMM-6156-98
STYLE OF CAUSE: BALJIT SINGH SANDHU
Applicant
| AND: |
| MINISTER OF CITIZENSHIP |
AND IMMIGRATION
Respondent
PLACE OF HEARING: MONTRÉAL, QUEBEC
DATE OF HEARING: August 10, 1999
REASONS FOR ORDER OF THE HONOURABLE MR. JUSTICE BLAIS
DATED August 11, 1999
APPEARANCES:
Jean-François Bertrand for the Applicant
Édith Savard for the Respondent
SOLICITORS OF RECORD:
BERTRAND, DESLAURIERS
Montréal, Quebec for the Applicant
Morris Rosenberg
Deputy Attorney General of Canada
Ottawa, Ontario for the Respondent