Canada v Atabaki 2007 FC 1170 Right of Minister to participate in refugee hearings

In Canada v Atabaki 2007 FC 1170 the Court set aside a decision where the Refugee Protection Division had accepted the claimant as a Convention Refugee. The Court held that the Minister, once he filed notice pursuant to section 170, had the right to participate in all aspects of the claim, both inclusion and exclusion and that the tribunal erred in restricting his participation to exclusion and denying the Minister the right to question on inclusionary issues.