Ahmad v. Canada (Citizenship and Immigration)
Source text
Ahmad v. Canada (Citizenship and Immigration) Court (s) Database Federal Court Decisions Date 2009-10-06 Neutral citation 2009 FC 1012 File numbers IMM-359-09 Decision Content Date: 20091006 Docket: IMM-359-09 Citation: 2009 FC 1012 Toronto, Ontario, October 6, 2009 PRESENT: The Honourable Mr. Justice Campbell BETWEEN: JAMSHID SHIR AHMAD Applicant and THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent REASONS FOR ORDER AND ORDER [1] The present Application concerns a citizen of Afghanistan who claims refugee protection from the Taliban. [2] The Applicant was not represented by counsel in making his claim before the Refugee Protection Division (RPD), however, he was assisted in doing so by a relative. The RPD member who conducted the hearing of the claim became unavailable to render a decision. When this fact became known, the Applicant was given a choice: request a de novo hearing, or have another RPD member render a decision on the record of the hearing conducted. The Applicant chose the latter option. [3] Subsequent to making the choice, the Applicant was granted legal aid and his Counsel immediately made three separate requests of the RPD to address the Applicant’s claim by convoking a de novo hearing. The RPD failed to heed these requests and, on the record, an RPD member rendered the decision under review. [4] In my opinion, Counsel’s request for a de novo hearing must be regarded as a withdrawal of the Applicant’s consent to have a decision rendered on the record; f…
Full judgment (source text)
Mirrored from decisions.fct-cf.gc.ca — the linked original is authoritative.
Ahmad v. Canada (Citizenship and Immigration) Court (s) Database Federal Court Decisions Date 2009-10-06 Neutral citation 2009 FC 1012 File numbers IMM-359-09 Decision Content Date: 20091006 Docket: IMM-359-09 Citation: 2009 FC 1012 Toronto, Ontario, October 6, 2009 PRESENT: The Honourable Mr. Justice Campbell BETWEEN: JAMSHID SHIR AHMAD Applicant and THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent REASONS FOR ORDER AND ORDER [1] The present Application concerns a citizen of Afghanistan who claims refugee protection from the Taliban. [2] The Applicant was not represented by counsel in making his claim before the Refugee Protection Division (RPD), however, he was assisted in doing so by a relative. The RPD member who conducted the hearing of the claim became unavailable to render a decision. When this fact became known, the Applicant was given a choice: request a de novo hearing, or have another RPD member render a decision on the record of the hearing conducted. The Applicant chose the latter option. [3] Subsequent to making the choice, the Applicant was granted legal aid and his Counsel immediately made three separate requests of the RPD to address the Applicant’s claim by convoking a de novo hearing. The RPD failed to heed these requests and, on the record, an RPD member rendered the decision under review. [4] In my opinion, Counsel’s request for a de novo hearing must be regarded as a withdrawal of the Applicant’s consent to have a decision rendered on the record; for the RPD to have proceeded in the face of this request is a denial of natural justice. ORDER Accordingly, I set aside the RPD’s decision and refer the matter back to a differently constituted panel for re-determination. There is no question to certify. “Douglas R. Campbell” Judge FEDERAL COURT SOLICITORS OF RECORD DOCKET: IMM-359-09 STYLE OF CAUSE: JAMSHID SHIR AHMAD v. THE MINISTER OF CITIZENSHIP AND IMMIGRATION PLACE OF HEARING: TORONTO, ONTARIO DATE OF HEARING: OCTOBER 5, 2009 REASONS FOR ORDER AND ORDER: CAMPBELL J. DATED: OCTOBER 6, 2009 APPEARANCES: Omar Shabbir Khan FOR THE APPLICANT David Cranton FOR THE RESPONDENT SOLICITORS OF RECORD: Omar Shabbir Khan Barrister & Solicitor Hamilton, Ontario FOR THE APPLICANT John H. Sims, Q.C. Deputy Attorney General of Canada FOR THE RESPONDENT
Source: decisions.fct-cf.gc.ca
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