Chandrakumar v. Canada ( Minister of Citizenship and Immigration )
IMM-2128-99
O'Keefe J.
1/12/99
7 pp.
Judicial review of Immigration and Refugee Board, Convention Refugee Determination Division's (CRDD) decision applicants' claims abandoned-Applicants citizens of Sri Lanka-Another panel of CRDD ruling not Convention refugees-That decision set aside on judicial review; matter remitted to different panel of CRDD-Hearing scheduled to be heard September 14, 1998-Applicants not attending due to adult female applicant's illness-Telephon ing lawyer's office, leaving message on answering machine,but not telephoning CRDD-Applicants' lawyer neither attending hearing nor informing CRDD because involved in motor vehicle accident-Telephoned case clerk at CRDD upon return to office, followed by letter-Board waiting 50 minutes for applicants to appear before deciding to commence abandonment proceedings-Board issuing notice to applicants informing them hearing into failure to attend hearing on September 14, 1998 would be held on November 2, 1998-Applicants, counsel present on that date-Board recommending claims be declared abandoned-On November 10, 1998 notice of abandonment issued, incorrectly stating applicants not attending November 2, 1998 hearing-On April 12, 1999 Board issued corrected notice of abandonment-Whether amended notice can be issued by CRDD-Judicial review application as relates to invalidity of amending decision denied-Koulkov v. Canada (Minister of Citizenship and Immigration), [1999] F.C.J. No. 426 (T.D.) (QL), holding even though first decision clearly wrong, duly amended by valid second decision in circumstances where clear first decision sent out by mere administrative error, not reflecting intention of Board, applicant present at hearing when Board stated real reasons in support of decision-Amended notice of abandonment valid-Judicial review as relating to reasonableness of abandonment of claims allowed.