Category: Natural Justice

The court set aside a decision where the member required counsel to speak in Darsi because he could not understand his english. [17] Proceedings before federal boards and tribunals are to be conducted in either of the official languages. Translation is provided for the benefit of witnesses, not counsel. The procedure that unfolded in this case wherein it required the applicant’s counsel to speak in Dari, despite the interpreter being Farsi, and with the balance of the proceeding being conducted in English created a situation which undermined the seriousness of a claim under the Convention and was at best, confusing. Lost in it all was the applicant who, despite his request for a Dari translator, testified in English. While the Board member made the best he could of a difficult situation, the fact remains that the proceedings did not conform to the requirements of procedural fairness.

The Court set aside a decision due to the failure of the officer to mention central aspects of the claim in the analysis although these were mentioned in the summary of the facts.

The Court found a breach of natural justice when the PIF of the applicant's ex husband was in her file. This ought not to have formed part of the file and hence the applicant was denied a fair hearing.

The Court set aside a decision based on incompetent counsel.

The Court set aside a decision based on inadequate reasons because the office failed to identify any documentary evidence that supported his conclusion.

The Court found no breach of natural justice due to the non receipt of a letter from the High Commission. The Court found that the evidence disclosed that the letter was sent and as a result there was no breach of natural justice. The Court reviewed the evidence and concluded that there was no evidence of non receipt.

The court set aside a decision of the Appeal Division because the applicant an unrepresented appellant was denied the right to present his case. the court granted costs because the Minister ought to have consented.

The Court found a breach of natural justice when the Minister failed to disclose a poison pen letter it was relying on.

The Court set aside a decision due to incompetent translation

Incompetent counsel constituted a breach of natural justice.