TA5-13550

TA5-13550

Reopening is denied because the interpreter audit was accepted as adequate, counsel was afforded and failed to use the opportunity to submit responses, there is no corroborating evidence of any Board promise to hold a de novo hearing, and no breach of natural justice is demonstrated.

Citation
TA5-13550
Parties
Claimant: XXXXX XXXXX; Respondent: Minister
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
10 March 2010
Procedural Posture
Application to Reopen Refugee Claim / Decision on Application to Reopen (request for De Novo Hearing)
Outcome
Application to reopen denied.
Legal Topics
Application to Reopen, Natural Justice, Interpreter Services, Hearing De Novo, Opportunity to Respond
Source Language
English
Refugee Law Administrative Law Immigration Law Application to Reopen Natural Justice Interpreter Services Hearing De Novo Opportunity to Respond

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Parties

XXXXX XXXXX

Claimant

Minister

Respondent

Procedural Posture

Application to Reopen Refugee Claim / Decision on Application to Reopen (request for De Novo Hearing)

Legal Issues

  1. 1 Whether a de novo hearing should be granted because of alleged faulty interpretation at a hearing
  2. 2 Whether counsel received an oral assurance from the Board that a de novo hearing would be held
  3. 3 Whether the Board breached natural justice by failing to provide adequate notice or opportunity to respond

Ratio Decidendi

Reopening is denied because the interpreter audit was accepted as adequate, counsel was afforded and failed to use the opportunity to submit responses, there is no corroborating evidence of any Board promise to hold a de novo hearing, and no breach of natural justice is demonstrated.

Court Disposition

Application to reopen denied.