[2011] 4 F.C.R. D-1
Citizenship and Immigration
Immigration Practice
Judicial review of decision by Immigration and Refugee Board, Refugee Protection Division (RPD) finding applicant not Convention refugee, person in need of protection—Applicant, citizen of Dominica, applying for refugee status while in detention for assault—Receiving Claimant’s Confirmation of Readiness, Notice to Appear from RPD—Upon release, applicant seeking counsel, legal aid certificate in counsel’s name—Applicant advised by RPD registrar of upcoming scheduling conference—Applicant attending refugee hearing without counsel, believing to attend scheduling conference—RPD refusing applicant’s request to postpone hearing, finding applicant economic migrant having no well-founded fear of persecution, torture—Whether RPD denying applicant procedural fairness by not postponing hearing—RPD failing to consider totality of evidence so as to apply relevant Refugee Protection Division Rules, SOR/2002-228, r. 48(4) factors meaningfully—RPD thus not addressing timing of application for postponement pursuant to r. 48(4)(a); failing to consider applicant’s diligence, difficulties in securing counsel after release; not mentioning whether applicant having sufficient time to gather evidence pursuant to r. 48(4)(e)—Application allowed.
Charles v. Canada (Citizenship and Immigration) (IMM-7024-10, 2011 FC 852, Mosley J., judgment dated July 8, 2011, 12 pp.)