CITIZENSHIP AND IMMIGRATION |
Immigration Practice |
Rostas v. Canada (Minister of Citizenship and Immigration)
IMM-3391-01
2002 FCT 593, Layden-Stevenson J.
24/5/02
5 pp.
Applicants Hungarian citizens of Roma ethnicity who claimed refugee status in Canada--Convention Refugee Determination Division of Immigration and Refugee Board (CRDD) finding applicants not Convention refugees-- Whether CRDD lacked jurisdiction to determine applicants' claims--Applicants attended for hearing of refugee claims on August 31, 2000 before two-member CRDD panel--CRDD adjourned hearing to review, consider new evidence--On January 2, 2002, applicants attended for hearing of refugee claims before two-member panel of CRDD--Relevant statutory provision Immigration Act, s. 69(7) (adjourned proceedings may be resumed if consent given by parties and if no substantive evidence adduced before adjournment)--No consent requested or given herein--Resolution of jurisdictional issue turning on whether hearing of January 2, 2001 de novo as panel not precluded from proceeding de novo where consent not provided--Second hearing, to be de novo, must be conducted as if first hearing had not occurred--Not case when amendments made at first hearing considered evidence at second without being re-entered--Substantive oral evidence taken at August hearing neither re-entered nor mentioned at January hearing--Latter not de novo hearing, therefore in contravention of provisions of Act, s. 69(7)--CRDD lacked jurisdiction to render decision in relation to applicants' claims --Application for judicial review allowed--Immigration Act, R.S.C., 1985, c. I-2, s. 69 (as am. by R.S.C., 1985 (2nd Supp.), c. 10, s. 5; R.S.C., 1985 (4th Supp.), c. 28, s. 18; S.C. 1992, c. 49, s. 59).