Is there an issue of jurisdiction or a breach of fairness when a decision maker is not reviewed by the decision maker?
Canada (Federal), Canada
The following excerpt is from Rueca v. Canada (Minister of Citizenship and Immigration), 2001 FCT 541 (CanLII):
The applicant submits that if there is no issue of jurisdiction, there was a breach of fairness because a submission was not reviewed by the decision maker. The applicant cites Kane v. University of British Columbia, 1980 CanLII 10 (SCC), [1980] 3 W.W.R. 125 (S.C.C.), where it was held that an applicant need not demonstrate that he was prejudiced by a breach of natural justice, but only that there is a serious possibility that he may have been prejudiced.
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