Decision A-0733.97

Case Number Claimant Judge Language Decision date
Decision A-0733.97 Dhaliwal Balwinder Kaur  Federal  English 1999-04-28
Decision Appealed Appellant Corresponding Case
Dismissed Unanimous  No Claimant  36620A 


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees  jurisdiction  adjournment of hearing 

Summary:

An adjournment was first requested in Nov. 94. Then a statutory declaration was filed stating that the claimant would be back in the country only in June 95. A hearing date was set for August 9, 1995. One day prior the hearing, a fax requesting another adjournment was filed. Request denied and the BOR proceeded with the case. Umpire ruled that there was no obligation on the BOR to try and reach the claimant by telephone as they could rely on the statutory declaration that the claimant and her husband would be back by June. The FCA simply refused to interfere with the Umpire's review of the BOR discretion to refuse another adjournment. No denial of natural justice.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees  errors in law  denial of natural justice 

Summary:

An adjournment was first requested in Nov. 94. Then a statutory declaration was filed stating that the claimant would be back in the country only in June 95. A hearing date was set for August 9, 1995. One day prior the hearing, a fax requesting another adjournment was filed. Request denied and the BOR proceeded with the case. Umpire ruled that there was no obligation on the BOR to try and reach the claimant by telephone as they could rely on the statutory declaration that the claimant and her husband would be back by June. The FCA simply refused to interfere with the Umpire's review of the BOR discretion to refuse another adjournment. No denial of natural justice.


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