Hernandez v. Canada ( Minister of Employment and Immigration )
A-547-90
Mahoney J.A.
6/10/93
2 pp.
Immigration Act, s. 69(7) providing adjourned proceedings before Refugee Division may be resumed before any member(s) provided subject of proceedings and Minister consent or if no substantive evidence adduced before adjournment-At commencement of hearing Refugee Division receiving documentary evidence including personal information form (PIF)-Appellant sworn and attested to corrections to PIF-Hearing adjourned and reconvened before differently constituted panel-Appellant objecting to matter proceeding-Panel proceeding de novo-Documentary evidence introduced afresh-Appeal dismissed-Although evidence received by first panel "substantive", within second panel's jurisdiction to deal with matter de novo-S. 69(7) governing resumption or continuation of hearing-Not precluding constitution of hearing de novo-No prejudice to appellant in procedure followed-Immigration Act, R.S.C., 1985, c. I-2, ss. 67(2) (as am. by R.S.C., 1985 (4th Supp.), c. 28, s. 18), 68(2) (as am. idem), 69(7) (as am. idem).