Notice
The applicant must be given adequate notice of the nature of the proceedings and of the issue to be decided.
Disclosure
Depending on the nature of the case, all evidence to be used against an applicant must be disclosed.
Opportunity to present one’s case
The applicant must be provided with an opportunity to present whatever evidence they wish to be considered.
While the right to be heard generally implies a hearing, it does not always mean an oral hearing. Submissions can be made in writing. This procedure is known as a file hearing.
It should be noted that where the credibility of the individual is at issue, the principles of natural justice and procedural fairness usually require an interview or an oral hearing.
In both oral and file hearings, certain rules must be observed before making a decision.
Opportunity to respond
When the decision maker is in possession of evidence not presented by the applicant, they must allow the applicant an opportunity to know and respond to that evidence.
While a citizenship officer is not always required to draw perceived contradictions to the applicant’s attention, there may be instances where a failure to do so results in a breach of procedural fairness. For example, if a contradiction is so critical as to be decisive in the applicant’s case, it is good practice to put the contradiction to the applicant and allow them an opportunity to respond.
Duty to consider all of the evidence
The decision maker is required to consider all of the relevant evidence and information pertaining to a specific case.
Right to counsel
In some cases, fairness will dictate that the applicant be granted the right to counsel.
Right to an interpreter
In some cases, fairness will dictate that the applicant be granted the right to an interpreter.
In connection with an applicant’s right to be heard, a language interpreter may be used to assist an applicant during most interactions with the Department during the citizenship process (notable exceptions include hearings for language or knowledge requirements).
An interpreter should be used when an applicant has had the language requirement waived or when they are not clearly able to understand, read, or speak one of Canada’s official languages during the citizenship process.
NoticeThe applicant must be given adequate notice of the nature of the proceedings and of the issue to be decided.DisclosureDepending on the nature of the case, all evidence to be used against an applicant must be disclosed.Opportunity to present one’s caseThe applicant must be provided with an opportunity to present whatever evidence they wish to be considered.While the right to be heard generally implies a hearing, it does not always mean an oral hearing. Submissions can be made in writing. This procedure is known as a file hearing.It should be noted that where the credibility of the individual is at issue, the principles of natural justice and procedural fairness usually require an interview or an oral hearing.In both oral and file hearings, certain rules must be observed before making a decision.Opportunity to respondWhen the decision maker is in possession of evidence not presented by the applicant, they must allow the applicant an opportunity to know and respond to that evidence.While a citizenship officer is not always required to draw perceived contradictions to the applicant’s attention, there may be instances where a failure to do so results in a breach of procedural fairness. For example, if a contradiction is so critical as to be decisive in the applicant’s case, it is good practice to put the contradiction to the applicant and allow them an opportunity to respond.Duty to consider all of the evidenceThe decision maker is required to consider all of the relevant evidence and information pertaining to a specific case.Right to counselIn some cases, fairness will dictate that the applicant be granted the right to counsel.Right to an interpreterIn some cases, fairness will dictate that the applicant be granted the right to an interpreter.In connection with an applicant’s right to be heard, a language interpreter may be used to assist an applicant during most interactions with the Department during the citizenship process (notable exceptions include hearings for language or knowledge requirements).An interpreter should be used when an applicant has had the language requirement waived or when they are not clearly able to understand, read, or speak one of Canada’s official languages during the citizenship process.
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