Latest Immigration Court Decisions

IAD (Removal Order)

Black v. Canada

Case: Black v. Canada

Decider: Mr. Justice Russell

Court: FC

Citation: 2009 FC 703

Judgment: July 6, 2009

Docket: IMM-5158-08

[59]I agree with the Applicant that the IAD's approach to the issue on the facts of this case has resulted in procedural unfairness and that the matter must be returned and the problem rectified. The breach of procedural fairness was highly material to the Applicant's position and impacted his rights on appeal to the IAD. The evidence is clear that there are all kinds of problems that the Applicant will face in Jamaica as a result of his mental illness which were not before the IAD when it made its Decision. There are problems of care, homelessness and incarceration, and human rights abuses in which the Jamaican authorities are often implicated, that would have been placed before the IAD by a designated representative who understood the nature of her role. These matters could well have led the IAD to a different conclusion. The breach of procedural fairness was highly material to outcome in this case.

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