MA4-06166

MA4-06166

The tribunal granted the postponement because the Minister identified potentially important new information from US authorities that could cause an injustice if the hearing proceeded without it; on balance of factors under rule 48 the need to assess and disclose that information outweighed the prejudice of delay, subject to limits and conditions (inform by end of December, submit document list, and fixed peremptory hearing dates).

Citation
MA4-06166
Parties
Claimant: XXXXX XXXXX; Minister's Representative / Minister's Counsel: Claude Léveillé; Refugee Protection Officer: Normand Leduc; Decision Maker / Panel: Jeannine Beaubien-Duque
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
14 December 2006
Procedural Posture
Refugee Protection Postponement Request / Decision on Request for Postponement
Outcome
Request for postponement allowed with conditions
Legal Topics
Postponement of Hearing, Production of Documents, New Evidence, Fundamental Justice, Scheduling and Peremptory Hearings
Source Language
English
Immigration Law Refugee Law Administrative Law Procedural Fairness Evidence and Disclosure Postponement of Hearing Production of Documents New Evidence +2 more

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Parties

XXXXX XXXXX

Claimant

Claude Léveillé

Minister's Representative / Minister's Counsel

Normand Leduc

Refugee Protection Officer

Jeannine Beaubien-Duque

Decision Maker / Panel

Procedural Posture

Refugee Protection Postponement Request / Decision on Request for Postponement

Legal Issues

  1. 1 Whether to grant the Minister's request to postpone the hearings
  2. 2 Whether the Minister must disclose new information received from foreign authorities and submit a document list
  3. 3 Whether and how to reschedule the hearing and limit further delay

Ratio Decidendi

The tribunal granted the postponement because the Minister identified potentially important new information from US authorities that could cause an injustice if the hearing proceeded without it; on balance of factors under rule 48 the need to assess and disclose that information outweighed the prejudice of delay, subject to limits and conditions (inform by end of December, submit document list, and fixed peremptory hearing dates).

Court Disposition

Request for postponement allowed with conditions

Orders

  • Postponement of hearings scheduled for December 5 and 7, 2006
  • Minister to inform the tribunal before the end of December of the nature of the new information and of his intentions regarding its disclosure