Yung v. Canada ( Minister of Employment and Immigration )
A-416-92
Stone J.A.
24/2/94
5 pp.
Application for judicial review of Adjudicator's refusal to adjourn credible basis hearing-Applicant entered Canada in 1989, granted visitor's status for two weeks-In 1990 applicant claiming Convention refugee status-After numerous adjournments of credible basis hearing, applicant appearing alone as counsel's office closed down, waiting for ruling on Legal Aid application-Adjudicator refused further adjournment and rejected applicant's claim-Siloch v. Minister of Employment and Immigration (1993), 151 N.R. 76 (F.C.A.) setting out factors for adjudicator to consider in exercising discretion under Immigration Regulations, 1978, s. 35(1) including: whether previous adjournments, and whether granted on peremptory basis-In every case, central concern always whether refusal of adjournment prejudiced applicant, when clear request not made for purpose of delay or by reason of indifference or inattention-Justice of case must be considered having regard to all circumstances surrounding request-Court should not speculate as to whether applicant might have been able to advance claim if able to testify with assistance of counsel by way of re-direct examination-Applicant prejudiced, denied natural justice by refusal of adjournment-Adjudicator improperly exercising s. 35 discretion-Applicant acted bona fide-Delay in receiving Legal Aid response rendered request for adjournment necessary-Application allowed-Immigration Act, R.S.C., 1985, c. I-2, s. 30 (as am. by R.S.C., 1985 (4th Supp.), c. 28, s. 9)-Immigration Regulations, 1978, SOR/78-172, s. 35(1) (as am. by SOR/89-38, s. 13).