MB4-03003

MB4-03003

The Instructions are consistent with the IRPA and IRPR because IRPR s.159.9(3)(b) contemplates postponement for pending investigations including front-end security screening; the Chairperson has authority to fix hearing dates and issue Instructions to permit security investigations; therefore postponement under the...

Source-derived case information.

Citation
MB4-03003
Parties
Claimant: XXXX XXXX XXXX XXXXXXXX XXXX XXXXXXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXXXXXX XXXX XXXX; Respondent: Minister of Citizenship and Immigration
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
12 November 2014
Procedural Posture
Refugee Protection Claim / Application Challenging Postponement Under IRPR S.159.9
Outcome
Application rejected; Instructions upheld as consistent with IRPA and IRPR
Legal Topics
Front End Security Screening, IRPR S.159.9 Exceptions, Chairperson Authority, Suspension of Proceedings, Eligibility/ineligibility for Refugee Claims
Source Language
english
Immigration Law Administrative Law Front End Security Screening IRPR S.159.9 Exceptions Chairperson Authority Suspension of Proceedings Eligibility/ineligibility for Refugee Claims

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Parties

XXXX XXXX XXXX XXXXXXXX XXXX XXXXXXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXXXXXX XXXX XXXX

Claimant

Minister of Citizenship and Immigration

Respondent

Procedural Posture

Refugee Protection Claim / Application Challenging Postponement Under IRPR S.159.9

Legal Issues

  1. 1 Whether the Instructions Governing the Management of Refugee Protection Claims Awaiting Front End Security Screening are consistent with the IRPA and IRPR and within the IRB's jurisdiction
  2. 2 Whether lack of front-end security screening constitutes a valid reason under IRPR s.159.9(3)(b) to postpone a hearing
  3. 3 Whether the Chairperson has authority to fix hearing dates and issue Instructions that delay hearings pending security screening

Ratio Decidendi

The Instructions are consistent with the IRPA and IRPR because IRPR s.159.9(3)(b) contemplates postponement for pending investigations including front-end security screening; the Chairperson has authority to fix hearing dates and issue Instructions to permit security investigations; therefore postponement under the Instructions was lawful and the application to proceed immediately is rejected.

Court Disposition

Application rejected; Instructions upheld as consistent with IRPA and IRPR

Orders

  • Application rejected
  • Case to be rescheduled upon receipt of security screening or after March 30, 2015, whichever occurs sooner