Canada ( Secretary of State ) v. Mostameh
IMM-2606-93
Tremblay-Lamer J.
6/6/94
5 pp.
Application for judicial review of decision of Refugee Division respondent Convention refugee -- Applicant alleged Refugee Division's failure to observe procedure specified in Immigration Act and disregard of right of Minister responsible for applying Act to intervene in review of respondent's claim and participate in hearing held for this purpose serious objections to dispute this decision -- Since Minister did not ask to receive information pursuant to s. 69.1(2), Refugee Division entitled not to hold hearing and could grant respondent refugee status within 28-day deadline specified in Rules, s. 8(2)(b) -- Rules, s. 8(2)(b) quite clear as to deadlines applicable and indicates intent of Parliament to set precise limits within which Minister may notify Refugee Division he intends to participate in claimant's hearing -- Significant difference between the nature of Minister's rights and those of claimant to refugee status-Claimant has established right to participate in hearing pursuant to guarantees made by Charter, s. 7 -- Right guaranteed even in situation where by some fault on claimant's part, latter not aware of date of hearing and not present -- In case of Minister's absence from hearing he cannot argue right to life, liberty or security of person within meaning of s. 7 infringed-If Minister intends to intervene, must notify division within specified deadlines -- When, through negligence, fails to do so, right to participate lost -- Application dismissed -- Immigration Act, R.S.C., 1985, c. I-2, ss. 46.03(2) (as enacted by R.S.C., 1985 (4th Supp.), c. 28, s. 14 (as am. by S.C. 1992, c. 49, s. 37)), 69.1(2), (7.1) (as am. by S.C. 1992, c. 49, s. 60)-Convention Refugee Determination Division Rules, SOR/89-103, s. 8(2)(b) -- Canadian Charter of Rights and Freedoms, being Part I of the Constitutional Act, 1982, Schedule B, Canada Act, 1982, 1982, c. 11 (U.K.) [R.S.C. 1985, Appendix II, No. 44], s. 7.