Ali v. Canada ( Minister of Citizenship and Immigration )
IMM-7262-93
Richard J.
8/2/95
10 pp.
Application for judicial review of Convention Refugee Determination Division (CRDD) decision applicant not Convention refugee -- CRDD hearing held following three postponements granted at applicant's request -- At outset of hearing applicant's counsel seeking adjournment on basis jurisdictional issues raised by applicant's situation to be considered in case pending before Federal Court -- Refugee Hearing Officer (RHO) advising panel no jurisdiction to hear applicant's adjournment request -- Panel refusal to grant adjournment resulting in counsel's withdrawal-CRDD proceeding with hearing in absence of applicant's counsel-CRDD's refusal to grant adjournment not denying applicant fair hearing or breaching rules of natural justice -- Applicant represented and having opportunity to consult with counsel when adjournment denied -- Applicant's counsel unprepared for hearing on merits of claim in spite of having been granted repeated postponements during which remedy to jurisdictional issue could have been sought -- Upon denial of adjournment, CRDD providing applicant with opportunity to consult with counsel prior to proceeding with hearing -- Counsel indicating applicant forewarned of possibility CRDD proceeding with hearing -- Members of tribunal and RHO assisting applicant in presenting evidence and providing applicant with opportunity to present further evidence and submissions within two weeks following hearing -- Applicant not availing himself of opportunity, not retaining new counsel and not requesting resumption of hearing -- Applicant not suffering any prejudice by CRDD's failure to grant adjournment or by CRDD's decision to proceed with hearing -- Right to counsel pursuant to Act, s. 69(1) not absolute: regard must be had to circumstances of each case and determination must be made as to whether absence of counsel resulting in denial of fair hearing -- Application dismissed-Immigration Act, R.S.C., 1985, c. I-2, s. 69(1) (as enacted by R.S.C. (4th Supp.), c. 28, s. 18; S.C. 1992, c. 49, s. 60).