VA6-02452

VA6-02452

The psychological assessment established significant intellectual impairment and trauma that severely impair the claimant’s ability to present her case; therefore the claimant qualified as a Vulnerable Person under Guideline 8 and is entitled to procedural accommodations—assignment of a female member, sensitive non-confrontational questioning and an accredited female interpreter—while the unaccredited interpreter identified by counsel cannot be permitted.

Citation
VA6-02452
Parties
Claimant: XXXXX; Respondent: Refugee Protection Officer
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
23 March 2007
Procedural Posture
Application Under Guideline 8 (vulnerable Persons) / Decision on Application Following Hearing
Outcome
Allowed in part
Legal Topics
Vulnerable Persons, Procedural Accommodations, Guideline 8, Gender Related Persecution, Disability, Interpreters
Source Language
English
Immigration Law Refugee Law Administrative Law Vulnerable Persons Procedural Accommodations Guideline 8 Gender Related Persecution Disability +1 more

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Parties

XXXXX

Claimant

Refugee Protection Officer

Respondent

Procedural Posture

Application Under Guideline 8 (vulnerable Persons) / Decision on Application Following Hearing

Legal Issues

  1. 1 Whether the claimant qualifies as a Vulnerable Person under Guideline 8
  2. 2 Whether procedural accommodations are required to ensure a fair hearing
  3. 3 Whether the specific interpreter identified by counsel may be used at the hearing

Ratio Decidendi

The psychological assessment established significant intellectual impairment and trauma that severely impair the claimant’s ability to present her case; therefore the claimant qualified as a Vulnerable Person under Guideline 8 and is entitled to procedural accommodations—assignment of a female member, sensitive non-confrontational questioning and an accredited female interpreter—while the unaccredited interpreter identified by counsel cannot be permitted.

Court Disposition

Allowed in part

Orders

  • Assign a female member to hear the claim
  • Vary order of questioning and conduct questioning in a sensitive, non-confrontational and as informal a manner as possible