CITIZENSHIP AND IMMIGRATION |
Immigration Practice |
Zaman v. Canada (Minister of Citizenship and Immigration)
IMM-4339-01
2002 FCT 1201, Blanchard J.
21/11/02
4 pp.
Judicial review of decision of Immigration and Refugee Board, Refugee Division, applicant not Convention refugee-- Whether Refugee Division had jurisdiction to hear applicant's claim in absence of express consent by applicant to have claim heard by single--, as opposed to two--member panel-- Immigration Act, s. 69.1(7) fixing number of Refugee Division members at two--Exception made at s. 69.1(8)-- Applicant allegedly denied statutory right to two-member panel--Advantages of proceeding before two members whose decisions carry equal weight obvious--Relinquishment of right must be knowing, voluntary--Panel required to question applicant about election, unless clear from record applicant had given consent--Applicant's silence, acquiescence in proceeding with hearing not sufficient to establish knowing, voluntary relinquishment of statutory right--Applicant not waiving right to two-member panel--Refugee Division erred in proceeding with hearing absent consent of applicant-- Application allowed--Immigration Act, R.S.C., 1985, c. I-2, s. 69.1 (as enacted by R.S.C., 1985 (4th Supp.), c. 28, s. 18; S.C. 1992, c. 49, s. 60; 1999, c. 18, s. 96).