The Minister sought judicial review of a decision by the Immigration and Refugee Board that dismissed an application for cessation of the respondent's refugee status.
The Board had excluded evidence gathered by CBSA officers during an interview, concluding that the respondent was improperly denied the right to counsel.
The Federal Court held that the Board's conclusion was incorrect, noting that a person is generally not entitled to counsel during interviews or pre-hearing proceedings prior to becoming the subject of Board proceedings.
The application for judicial review was allowed and the matter remitted to a different panel.
