IMM-1367-02
2003 FCT 48
Iraj Rezaei (Applicant)
v.
The Minister of Citizenship and Immigration (Respondent)
and
The Immigration and Refugee Board (Intervener)
Indexed as: Rezaei v. Canada (Minister of Citizenship and Immigration) (T.D.)
Trial Division, Beaudry J.--Vancouver, November 6, 2002; Ottawa, January 21, 2003.
Citizenship and Immigration -- Immigration Practice -- Supplementary reasons for order -- In dismissing application for judicial review of Immigration and Refugee Board (IRB) decision banning immigration consultant from practice before Board, reported at [2003] 3 F.C. 421 (T.D.), Judge allowed time to submit questions proposed for consideration by F.C.A. -- Applicant submitting four questions -- Judge agreeing to certify one question: can IRB through Chairperson initiate and delegate to subordinate inquiry into conduct and possible discipline of lawyer or consultant who appears before one of divisions of IRB?
SUPPLEMENTARY reasons for order and order. Question certified.
appearances:
Robert J. Kincaid for applicant.
Brenda Carbonell for respondent.
Joseph J. Arvay, Q.C. and Mark G. Underhill for intervener.
solicitors of record:
Robert J. Kincaid Law Corporation, Vancouver, for applicant.
Deputy Attorney General of Canada for respondent.
Arvay Finlay, Victoria, for intervener.
The following are the supplementary reasons for order and order rendered in English by
[1]Beaudry J.: Following my reasons for order signed on December 5, 2002 (2002 FCT 1259) [[2003] 3 F.C. 421], the Court has received the following questions from the applicant for proposed certification:
| (a) Can the Immigration and Refugee Board (IRB) through the Chairperson initiate and delegate to a subordinate an inquiry into the conduct of (sic) and possible discipline of a lawyer or consultant who appears before one of the divisions of the IRB outside of the Rules and procedures of one of the Divisions of the IRB or an actual hearing of one of the divisions of the IRB? |
| (b) Can a tribunal (of the IRB) undertake to provide counsel appearing before it with the opportunity to comment on and distinguish the case authorities to be relied on by the tribunal in a hearing and then not provide counsel with that opportunity without breaching the rules of natural justice or procedural fairness? |
| (c) Can the Federal Court in hearing an application for judicial review on the issue of a denial of the tribunal to provide counsel with the case authorities it intends to rely on to comment on or distinguish, which issue forms part of the issues set forth in the order granting leave for judicial review and which is part of the written and oral submissions of the applicant at his hearing for judicial review not rule on the issue without breaching the rules of natural justice or procedural fairness? |
| (d) Does the Immigration and Refugee Board owe a duty of full disclosure to a person who is the subject of an inquiry into their right to practice prior to calling on that person to respond whether he/she asks for further disclosure of material in the hands of the IRB or not? |
[2]The respondent's position is that none of the above-mentioned questions raise a serious question of general importance.
[3]After a careful analysis of both submissions, I agree to certify the following question:
Can the Immigration and Refugee Board (IRB) through the Chairperson initiate and delegate to a subordinate an inquiry into the conduct and possible discipline of a lawyer or consultant who appears before one of the divisions of the IRB?
[4]Questions (b), (c) and (d) primarily concern facts related to the case at bar. These questions were answered in the disposition of this matter. Accordingly, they do not raise a serious question of general importance and will not be certified.
ORDER
| THIS COURT ORDERS that: |
| 1. The application for judicial review is dismissed. |
| 2. The following question is certified: |
Can the Immigration and Refugee Board (IRB) through the Chairperson initiate and delegate to a subordinate an inquiry into the conduct and possible discipline of a lawyer or consultant who appears before one of the divisions of the IRB?