CITIZENSHIP AND IMMIGRATION |
Judicial Review |
Hussein v. Canada (Minister of Citizenship and Immigration)
IMM-5151-98
Pelletier J.
20/12/99
11 pp.
Application for judicial review of decision rejecting applicant's request for landing as member of Deferred Removal Order Class (DROC)--Applicant born in Jijiga, Ethiopia of Somali parents--Applicant, two children remained in Kenya for one year, two months, came to Canada on September 22, 1989, claimed refugee status--Applicant found by Convention Refugee Determination Division (CRDD) to be Somali citizen--In November 1994, applicant, children applied for landing from within Canada under DROC program--Applicant failed refugee claimant in country for 3 years following refusal of refugee claim--Appeared to be type of person for whom program designed--Lengthy period of intermittent correspondence between Processing Centre in Vegreville and applicant's counsel, Mr. Berger--Application successful on basis of lack of fairness in bypassing counsel, contacting applicant directly when obtaining information used to deny claim--No common law right to consult lawyer in all situations--However, duty of fairness shaped by circumstances of particular cases--Applicant harmed because, unknown to her, possibility of waiver of documentation requirement; possibility discussed internally by Processing Centre staff--Bypassing counsel breach of duty of procedural fairness contrary to Federal Court Act, s. 18.1(4)(b)--Application allowed--Federal Court Act, R.S.C., 1985, c. F-7, s. 18.1 (as enacted by S.C. 1990, c. 8, s. 5).