Is it reasonable for an application not to seek state protection because of the failure to admit evidence at the hearing?
Canada (Federal), Canada
The following excerpt is from Montoya Martinez v. Canada (Citizenship and Immigration), 2011 FC 13 (CanLII):
The Applicants argue that there was no proper reason for the RPDs failure to admit this evidence at the time of the hearing. The RPDs actions violated its own procedures and breached the principles of fairness and natural justice. The appropriate response is for the tribunal to start afresh. See Chandler v. Alberta Association of Architects, 1989 CanLII 41 (SCC), [1989] 2 S.C.R. 848. Objectively Reasonable for Applicants Not to Seek State Protection
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