The applicant, a citizen of Sri Lanka, sought judicial review of a decision by the Refugee Protection Division (RPD) refusing his refugee protection claim on the basis that he was excluded under Article 1E of the Convention due to his permanent resident status in Switzerland.
The applicant argued that he was denied natural justice due to the incompetence of his former representative, an immigration consultant, who failed to obtain evidence confirming his loss of status in Switzerland and failed to make oral submissions at the RPD hearing.
The Federal Court found that the former representative's conduct amounted to incompetence, which resulted in a miscarriage of justice.
The Court set aside the RPD's decision and remitted the matter for redetermination.
The Court also certified a question regarding whether the phrase "any right of appeal" in paragraph 72(2)(a) of the Immigration and Refugee Protection Act includes an application to reopen a claim before the RPD.
