VA3-02510

VA3-02510

The Division lawfully exercised its discretion under section 164 of the Immigration and Refugee Protection Act to conduct the hearing by videoconference and to administratively transfer the file under the RPD Rules, and doing so did not deny the claimant natural justice or procedural fairness.

Citation
VA3-02510
Parties
Claimant: XXXXXXXXXXXXX; Respondent: Refugee Protection Division, Immigration and Refugee Board
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
30 September 2003
Procedural Posture
Refugee Protection Objection to Videoconference / Pre Hearing Objection Decision
Outcome
Objection dismissed; request to transfer claim back to Toronto denied.
Legal Topics
Videoconference Hearings, Natural Justice, Statutory Interpretation, Administrative Transfer
Source Language
English
Immigration Law Administrative Law Refugee Law Procedural Fairness Videoconference Hearings Natural Justice Statutory Interpretation Administrative Transfer

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Parties

XXXXXXXXXXXXX

Claimant

Refugee Protection Division, Immigration and Refugee Board

Respondent

Procedural Posture

Refugee Protection Objection to Videoconference / Pre Hearing Objection Decision

Legal Issues

  1. 1 Whether conducting the hearing by videoconference breaches rules of natural justice and procedural fairness
  2. 2 Whether the administrative transfer of the claimant's file without an application is permissible under the Refugee Protection Division Rules
  3. 3 Interpretation and application of section 164 of the Immigration and Refugee Protection Act regarding live telecommunication hearings

Ratio Decidendi

The Division lawfully exercised its discretion under section 164 of the Immigration and Refugee Protection Act to conduct the hearing by videoconference and to administratively transfer the file under the RPD Rules, and doing so did not deny the claimant natural justice or procedural fairness.

Court Disposition

Objection dismissed; request to transfer claim back to Toronto denied.

Orders

  • Objection to the use of videoconferencing to conduct the claimant's oral hearing is dismissed.
  • Request to transfer the claim back to Toronto for an in-person oral hearing is denied.