Federal court | Immigration
JUDICIAL REVIEW
Public interest groups satisfied procedural requirements for intervention
Refugee claimants were Muslim citizens of Kosovo who came to Canada after entering United States. Refugee claimants unsuccessfully applied for refugee protection. Immigration and Refugee Board’s Refugee Protection Division (RPD) relied on lack of asylum claim in United States and insufficient evidence. Refugee claimants unsuccessfully appealed to board’s Refugee Appeal Division (RAD), which applied reasonableness standard of review. Refugee claimants commenced application for judicial review. Public interest groups brought motion for intervener status. Motion granted. This was apparently first case in which appellate function of RAD was focus. Given nature of case, it was apparent that issue of role and function of RAD transcended parties and particular facts of this case. Public interest groups were well established organizations dedicated to advocating on behalf of refugees. Public interest groups satisfied procedural requirements for intervention. Public interest groups, their clients, and their potential clients all had genuine interest in standard of review issue in this judicial review. Public interest groups provided different insight and perspective from that of refugee claimants. Allowing public interest groups to intervene was in interests of justice because issues in this judicial review were of potential precedential value.
Huruglica v. Canada (Minister of Citizenship and Immigration) (Aug. 22, 2014, F.C., Michael L. Phelan J., File No. IMM-6362-13) 245 A.C.W.S. (3d) 646.
Public interest groups satisfied procedural requirements for intervention
Refugee claimants were Muslim citizens of Kosovo who came to Canada after entering United States. Refugee claimants unsuccessfully applied for refugee protection. Immigration and Refugee Board’s Refugee Protection Division (RPD) relied on lack of asylum claim in United States and insufficient evidence. Refugee claimants unsuccessfully appealed to board’s Refugee Appeal Division (RAD), which applied reasonableness standard of review. Refugee claimants commenced application for judicial review. Public interest groups brought motion for intervener status. Motion granted. This was apparently first case in which appellate function of RAD was focus. Given nature of case, it was apparent that issue of role and function of RAD transcended parties and particular facts of this case. Public interest groups were well established organizations dedicated to advocating on behalf of refugees. Public interest groups satisfied procedural requirements for intervention. Public interest groups, their clients, and their potential clients all had genuine interest in standard of review issue in this judicial review. Public interest groups provided different insight and perspective from that of refugee claimants. Allowing public interest groups to intervene was in interests of justice because issues in this judicial review were of potential precedential value.
Huruglica v. Canada (Minister of Citizenship and Immigration) (Aug. 22, 2014, F.C., Michael L. Phelan J., File No. IMM-6362-13) 245 A.C.W.S. (3d) 646.
