VA3-04766

VA3-04766

Because there was a reasonable doubt about the adequacy of interpretation for at least one claimant in a joint hearing and interpretation issues persisted despite a lengthy discussion, the panel gave the claimants the benefit of the doubt and granted the motions to re-open as the doubt amounted to a potential failure of natural justice.

Citation
VA3-04766
Parties
Claimant: XXXX XXXX XXXX; Claimant: XXXX XXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
23 March 2006
Procedural Posture
Refugee Protection — Re Opening Motion / Decision on Motion to Re Open
Outcome
Motion to re-open allowed
Legal Topics
Interpretation, Natural Justice, Counsel Incompetence, Waiver of Rights, Reopening
Source Language
English
Immigration Refugee Law Administrative Law Constitutional Law Interpretation Natural Justice Counsel Incompetence Waiver of Rights +1 more

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Parties

XXXX XXXX XXXX

Claimant

XXXX XXXX

Claimant

Procedural Posture

Refugee Protection — Re Opening Motion / Decision on Motion to Re Open

Legal Issues

  1. 1 Adequacy of interpretation at hearing
  2. 2 Whether failure to object constitutes waiver of right to competent interpretation
  3. 3 Whether alleged counsel incompetence amounted to failure of natural justice warranting re-opening

Ratio Decidendi

Because there was a reasonable doubt about the adequacy of interpretation for at least one claimant in a joint hearing and interpretation issues persisted despite a lengthy discussion, the panel gave the claimants the benefit of the doubt and granted the motions to re-open as the doubt amounted to a potential failure of natural justice.

Court Disposition

Motion to re-open allowed

Orders

  • Motion to re-open granted for claims VA3-04766, VA3-04723 and VA3-04748; claims to be re-heard by the Refugee Protection Division