VA3-02107

VA3-02107

The Division lawfully exercised its discretion under s.164 IRPA and RPD Rule 69 to transfer the claims and to hold the hearing by videoconference; that exercise did not deny natural justice or procedural fairness, therefore the objection is dismissed.

Citation
VA3-02107
Parties
Claimant: XXXXXXXXXXXXXXX; Claimant: XXXXXXXXXXXXXXXXX; Respondent: Refugee Protection Division
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
20 October 2003
Procedural Posture
Refugee Protection Objection to Administrative Transfer and Videoconference / Decision on Objection (pre Hearing)
Outcome
Objection dismissed; administrative transfer and hearing by videoconference upheld.
Legal Topics
Videoconferencing, Administrative Transfer, Natural Justice, Oral Hearing Right, Refugee Protection Division Rules, IRPA S.164
Source Language
English
Immigration Law Refugee Law Administrative Law Procedural Fairness Statutory Interpretation Videoconferencing Administrative Transfer Natural Justice +3 more

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Parties

XXXXXXXXXXXXXXX

Claimant

XXXXXXXXXXXXXXXXX

Claimant

Refugee Protection Division

Respondent

Procedural Posture

Refugee Protection Objection to Administrative Transfer and Videoconference / Decision on Objection (pre Hearing)

Legal Issues

  1. 1 Whether the use of videoconference to hear the claim denies natural justice or procedural fairness
  2. 2 Whether administrative transfer of the claim to another location without an application is lawful under the RPD Rules
  3. 3 Whether s.164 of the Immigration and Refugee Protection Act permits hearings by videoconference

Ratio Decidendi

The Division lawfully exercised its discretion under s.164 IRPA and RPD Rule 69 to transfer the claims and to hold the hearing by videoconference; that exercise did not deny natural justice or procedural fairness, therefore the objection is dismissed.

Court Disposition

Objection dismissed; administrative transfer and hearing by videoconference upheld.

Orders

  • Objection dismissed; administrative transfer to Vancouver and hearing by videoconference are permitted and the request to quash the transfer is denied.