Kavunzu v. Canada ( Minister of Citizenship and Immigration )
IMM-4351-98
Nadon J.
13/7/99
8 pp.
Application for judicial review of Convention Refugee Determination Division decision declaring applicant's refugee claim abandoned-CRDD declaring claims abandoned pursuant to Immigration Act, s. 69.1(6)-CRDD apparently saying absence such as applicant's absence when directed to appear on July 7, 1998, constituting "default" within meaning of s. 69.1(6)(c)-Application allowed-Obiter: Interpretation CRDD apparently meant to adopt not self-evident-"Default" must be interpreted having regard to all circumstances of case: date of claimant's arrival, whether or not personal information form filed, whether or not counsel retained in timely manner, one or more previous absences when directed to appear, etc.-Therefore, when claimant fails to comply with appearance date, CRDD should have regard to all circumstances in deciding whether claimant "otherwise in default in prosecution of claim"-Immigration Act, R.S.C., 1985, c. I-2, s. 69.1(6) (as enacted by R.S.C., 1985 (4th Supp.), c. 28, s. 18; S.C. 1992, c. 49, s. 60).