Hernandez v. Canada ( Minister of Employment and Immigration )
A-730-92
Robertson J.A.
16/4/93
3 pp.
Application to review and set aside decision of adjudicator and member of Refugee Division dismissing claim for refugee status for lack of credible basis -- Second ground of challenge based on Canadian Charter of Rights and Freedoms, s. 7 -- Delay in processing applicant's claim said to violate right to "life, liberty and security of the person" -- Argument gaining in popularity despite decision in Akthar v. Canada (Minister of Employment and Immigration) (1991), 14 Imm. L.R. (2d) 39 (F.C.A.)-"Unreasonable delay" argument not fertile basis for setting aside decisions of tribunals -- Application dismissed -- Canadian Charter of Rights and Freedoms, being Part I of the Constitution Act, 1982, Schedule B, Canada Act 1982, 1982, c. 11 (U.K.) [R.S.C., 1985, Appendix II, No. 44], s. 7.