CA3-01301

CA3-01301

Applying the Federal Court of Appeal decisions, Guideline 7 and the IRB-first standard order of questioning do not breach natural justice, do not unlawfully fetter RPD members' discretion and do not give rise to a reasonable apprehension of bias; no claimant-specific unfairness was established, so there was no failure to observe a principle of natural justice and the reopening applications must be dismissed.

Citation
CA3-01301
Parties
Claimant: CA3-01301; CA4-00110; CA4-00513; CA4-00504; CA5-00229; CA5-00046; Refugee Protection Officer: Refugee Protection Division; Minister's Counsel: Minister of Citizenship and Immigration
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
8 August 2007
Procedural Posture
Application to Reopen Refugee Protection Claim / Decision on Application to Reopen
Outcome
Applications to reopen dismissed
Legal Topics
Guideline 7, Order of Questioning, Natural Justice, Fettering of Discretion, Reasonable Apprehension of Bias, Reopening
Source Language
English
Immigration Law Refugee Law Administrative Law Judicial Review and Appeal Guideline 7 Order of Questioning Natural Justice Fettering of Discretion +2 more

Case Brief

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Parties

CA3-01301; CA4-00110; CA4-00513; CA4-00504; CA5-00229; CA5-00046

Claimant

Refugee Protection Division

Refugee Protection Officer

Minister of Citizenship and Immigration

Minister's Counsel

Procedural Posture

Application to Reopen Refugee Protection Claim / Decision on Application to Reopen

Legal Issues

  1. 1 Whether Chairperson's Guideline 7 and the IRB-first standard order of questioning breach the duty of fairness/natural justice
  2. 2 Whether the standard order of questioning unlawfully fetters RPD members' discretion
  3. 3 Whether the application of Guideline 7 gives rise to a reasonable apprehension of bias

Ratio Decidendi

Applying the Federal Court of Appeal decisions, Guideline 7 and the IRB-first standard order of questioning do not breach natural justice, do not unlawfully fetter RPD members' discretion and do not give rise to a reasonable apprehension of bias; no claimant-specific unfairness was established, so there was no failure to observe a principle of natural justice and the reopening applications must be dismissed.

Court Disposition

Applications to reopen dismissed

Orders

  • Applications to reopen the refugee protection claims dismissed