Canada Immigration Case-law Tung v. Canada, IMMIGRATION — Refugee status — Procedure

Judgement of this Case: Click Here!

IMMIGRATION — Refugee status — Procedure — Cessation of refugee status — Denial of adjournment request — In April 2014, Minister applied to Immigration and Refugee Board to cease foreign national’s refugee status — At that time, foreign national was out of country — Foreign national learned about Minister’s application in early June 2014 and hearing had been set down for July 18, 2014 — Foreign national engaged immigration consultant who sought adjournment from Board so that he could prepare properly for hearing — Board refused — Consultant asked again at hearing but Board again refused to adjourn — Board proceeded with hearing and found that foreign national’s refugee status had ceased because she had reavailed herself of protection of her native China — Foreign national applied for judicial review — Application granted — Board’s rejection of claimant’s request was unreasonable for failure to consider her personal situation