Quinteros v. Canada ( Minister of Citizenship and Immigration )
IMM-3519-93
McGillis J.
12/10/95
5 pp.
Judicial review of adjudicator's failure to determine whether applicant unable to appreciate nature of proceedings before appointing mother as representative at credible basis inquiry-Applicant fifteen at time of inquiry-Immigration Act, s. 29(4) providing where inquiry held with respect to any person under eighteen or any person who, in opinion of adjudicator unable to appreciate nature of proceedings, person may be represented by parent or guardian-S. 30(1) providing statutory right to counsel for persons subject to credible basis inquiry-Kamtapersaud v. Minister of Employment and Immigration (1993), 70 F.T.R. 61 (F.C.T.D.) not followed-S. 29(4) creating two separate, distinct categories of persons who may be represented by parent, guardian at inquiry: any person under eighteen, or any person unable to appreciate nature of proceedings-S. 29(4) not requiring adjudicator to determine whether person under eighteen unable to appreciate nature of proceedings-Right to representation by counsel additional to right to be represented by parent or guardian-Adjudicator separately confirming counsel for mother also representing minor children-Facts establishing applicant represented by counsel-As voluntarily choosing to leave inquiry during mother's testimony, applicant cannot claim right to counsel breached or representation not meaningful-Application dismissed-Immigration Act, R.S.C., 1985, c. I-2, ss. 29(4), (5), 30(1) (as am. by S.C. 1992, c. 49, s. 19), 33(2) (as am. idem, s. 24).