Federal Court


No evidence board would have proceeded with hearing two hours late

Applicant made refugee claim that was to be heard on merits at 1:00 p.m. on October 10, 2012. Applicant’s car broke down that day at 11:15 a.m.. Applicant’s counsel appeared and explained that applicant was not able to attend. Second hearing was ordered where applicant explained earlier absence and provided service station repair invoice. Applicant testified by time he had vehicle towed to garage it was 2:00 p.m. and he would not have made it to board’s office until 3:00 p.m. using public transit. Board concluded that applicant had not been diligent in pursuing claim because he did not take public transit and arrive two hours late for first hearing. Board decided that refugee claim had been abandoned and it was dismissed. Applicant sought judicial review of board’s decision. Application granted. Board’s decision was unreasonable. There was no evidence that applicant or counsel had any reason to believe that board would have proceeded with first hearing at 3:00 p.m. when it was scheduled to start at 1:00 p.m.

Gromer v. Canada (Minister of Citizenship and Immigration) (Mar. 4, 2014, F.C., Sandra J. Simpson J., File No. IMM-12831-12) 238 A.C.W.S. (3d) 713.

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