Kulanthavelu v. Canada ( Minister of Employment and Immigration )
Imm-57-93
Reed J.
23/9/93
4 pp.
Application for adjournment of hearing as Convention Refugee Determination Division failed to comply with order of Federal Court Judge requiring Tribunal to produce its record within 10 days -- Immigration and Refugee Board Registrar writing Federal Court Administrator, informing him order would not be complied with within time allotted -- While Court recognizes Tribunal overburdened as result of great number of immigration refugee cases, letter to Court Registry saying Tribunal unable to comply with Court order not proper procedure and not resulting in amendment of order -- Indeed, Immigration and Refugee Board Registrar technically in contempt of Court -- Appropriate course of action application by Tribunal for variation of Court order -- While Tribunal not technically party to action, would nevertheless have standing before Court to bring motion for variation of order directed at it -- Copy of present reasons will be sent to Registrar of Tribunal -- Adjournment granted and new pre-hearing schedule and date for hearing set.