4 Int'l J. Refugee L. 71 (1992)
Leave to Appeal and Leave to Commence Judicial Review in Canada's Refugee-Determination System: Is the Process Fair

handle is hein.journals/intjrl4 and id is 81 raw text is: Leave to Appeal and Leave to
Commence Judicial Review in
Canada's Refugee-Determination
System: Is the Process Fair?
IAN GREENE* AND PAUL SHAFFERt
The purpose of this study is to determine whether refugees and other
persons who are applying for leave to appeal a decision of the Conven-
tion Refugee Determination Division of the Canadian Immigration
and Refugee Board, a decision of the Appeal Division of the Immigra-
tion and Refugee IBoard, or to commence an action for judicial review
have a relatively equal chance to convince theiFederal Court of Appeal
of the merits of their applications.
The significance of this study can be appreciated only in relation to
the history of Canada's refugee determination legislation. In April
1985, the Supreme Court of Canada declared that a part of Canada's
refugee determination process outlined in the Immigration Act was
contrary to the Canadian Charter of Rights and Freedoms. The
system then in effect allowed some refugee claimants to be deported
from Canada without ever having had an oral hearing before a court
or tribunal. The Court declared that the absence of a guarantee of at
least one oral hearing for refugee claimants violated section 7 of the
Canadian Charter of Rights and Freedoms ('everyone' has the right to
'life, liberty and security of the person' unless 'deprived thereof.., in
accordance with the principles of fundamental justice') and section
2(e) of the Canadian Bill of Rights, which provides a right to a 'fair
hearing in accordance with the principles of fundamental justice for
Associate Professor of Political Science, York University, Toronto.
t Doctoral candidate in political science at the University of Toronto.

International journal of Refugee Law Vol. 4 No. I

@) Oxford University Press 1992

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