| Citation: |
Chapagain v. Canada (Citizenship and Immigration), 2010 FC 887, [2010] 4 F.C.R. D-4 |
IMM-6591-09 |
Citizenship and Immigration
Status in Canada
Convention Refugees
Judicial review of decision from Refugee Protection Division of Immigration and Refugee Board (RPD), concluding applicant not Convention refugee, person in need of protection—Applicant designated as “vulnerable person” contending not receiving fair hearing by RPD in light of this designation—Whether RPD breaching duty of procedural fairness—Applicant using Nepalese interpreter during RPD hearing—However, answering questions pertaining to job description in English since her job only described in that language—RPD panel member interjecting several times, remaining inflexible towards reverse order of questioning—Court finding panel member not accommodating, sensitive enough to applicant’s vulnerability—By not allowing answers partly in Nepali, partly in English, particularly if question involving job description better communicated in English, panel member too rigid—Fact applicant choosing interpreter not foreclosing panel member from allowing applicant to answer certain questions partly in English in order to better communicate true meaning—Application allowed.
Chapagain v. Canada (Citizenship and Immigration) (IMM-6591-09, 2010 FC 887, Kelen J., judgment dated September 9, 2010, 13 pp.)