Drummond v. Canada ( Minister of Citizenship and Immigration )
A-771-92
Rothstein J.
11/4/96
5 pp.
Application for judicial review of Immigration Appeal Division's dismissal of request to reopen appeal of deportation order on ground of incompetency of applicant's counsel-IAD dismissed application on ground it did not have authority to rule on counsel's competency-Application allowed-Immigration Appeal Division had jurisdiction to deal with matters of natural justice-In extraordinary cases, competency of counsel may give rise to natural justice issue, though heavy burden of proof on applicant to show obvious unfairness-Also, IAD did not err in ruling expert's affidavit inadmissible-Collegial relationship between affiant and presiding member gave rise to reasonable apprehension of bias justifying rejection of affidavit.