CITIZENSHIP AND IMMIGRATION |
Immigration Practice |
Jang v. Canada (Minister of Citizenship and Immigration)
IMM-4009-03
2004 FC 486, Mactavish J.
30/3/04
8 pp.
Judicial review of Immigration and Refugee Board's (Board) decision determining Jang family's refugee claims abandoned--Applicants claiming Board failed to provide adequate reasons for decision--In Baker v. Canada (Minister of Citizenship and Immigration), [1999] 2 S.C.R. 817, Supreme Court of Canada held in certain circumstances, where for example, decision in issue involves matter of considerable importance to party, fairness will require provision of written explanation for decision--Finding refugee claim abandoned decision of profound importance to refugee claimant--To Jang family, decision in question end of road--As result, fairness required meaningful reasons be provided for such decision--No transcript provided for abandonment hearing here, and thus no way of knowing whether Board provided any oral elaboration of reasons for decision--Open to Board to accept or reject any explanation Mr. Jang may have provided as to why late in filing his Personal Information Form--But, no way of knowing why Board made decision it did, as it failed to provide any meaningful reasons for conclusion--Board not obliged to give claimant notice of intention to declare claim abandoned when has no way of getting in touch with claimant, but Board had clear indication of contact information for Jang family--Application allowed.