Kamtapersaud v. Canada ( Minister of Employment and Immigration )
T-378-93
Rouleau J.
26/11/93
10 pp.
Application for judicial review of Adjudicator's decision applicant's mother not Convention refugee -- Mother with two younger children returned to Trinidad and Tobago since conclusion of hearing -- Applicant now married and remaining in Canada -- Inquiry held under Immigration Act, s. 27 to determine whether removal order should issue -- Report indicating mother overstayed visitor's permit, accepted unauthorized employment-Inquiry resumed on December 3, 1991 in presence of same Adjudicator but different Immigration Refugee Board member-Combined effect of Immigration Act, ss. 29(4), 30(1), 33(2) imposing particular duty on adjudicator with respect to minors under eighteen subject to inquiry or affected by outcome-Legislation not permitting adjudicator to merely assume all minors unable to appreciate nature of proceedings -- Applicant not receiving representation guaranteed under Act nor opportunity to make submissions before being included in order -- Not aware proceedings would change from s. 27 inquiry into Convention refugee hearing nor would be subject to deportation order -- Panel changed without consent of Minister and mother contrary to Act, s. 69(7) -- Application allowed -- Immigration Act, R.S.C., 1985, c. I-2, ss. 27, 29(4), 30(1), 33(2), 69(7).