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The Federal Court allowed judicial review after finding the RAD failed to address a central procedural fairness complaint about how the RPD hearing was conducted on IFA.
Because the General Division was aware the claimant's representative possessed and referenced relevant documents not in the file but took no steps to determine whether the claimant wished to submit them post-hearing or to inform the parties of the Practice Direction and applicable procedure, the claimant was denied a meaningful opportunity to present his case; this procedural unfairness required allowing the appeal and remitting the matter to the General Division for reconsideration with a new hearing.
Source excerpt
The Federal Court dismissed a motion to stay Canadian Judicial Council deliberations, finding procedural fairness raised a serious issue but no irreparable harm or balance-of-convenience basis.
The Federal Court dismissed Mr. Wilson’s judicial review challenge to a grievance remedy order about an escorted temporary absence request, finding remittal for reconsideration was reasonable.
The Federal Court allowed judicial review after finding the Refugee Protection Division breached procedural fairness by refusing an adjournment and pressuring the applicants to proceed without counsel.
The Federal Court dismissed judicial review, finding the visa officer had properly sent the notice and that non-receipt was not shown to amount to procedural unfairness.
The Federal Court dismissed judicial review of an entrepreneur-visa refusal, finding the visa officer reasonably concluded the applicant lacked a qualifying business and owed no duty to grant an interview.
The Federal Court dismissed a judicial review over student pay placement, holding the applicant should have exhausted the grievance process and that the policy was not enforceable as claimed.
The Federal Court dismissed a judicial review of a National Parole Board decision, holding that the Appeal Division reasonably applied fairness and reliability principles.
Federal Court held the visa officer breached procedural fairness by not alerting the applicants to adverse employment information before refusing the application.
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