The applicants sought judicial review of an interlocutory decision by the Immigration Division denying their request to adjourn admissibility proceedings pending the resolution of related criminal charges.
The applicants argued that proceeding with the admissibility hearing would violate their Charter rights against self-incrimination, placing them in the position of having to testify voluntarily and waive derivative use immunity.
The Federal Court found exceptional circumstances to intervene before a final decision, given the potential irremediable harm to their Charter rights.
However, the Court dismissed the judicial review, holding that the Immigration Division reasonably refused the adjournment.
The potential use of derivative evidence was deemed speculative, and alternative mechanisms existed under the IRPA to protect confidentiality.
