Can the person in charge of my hearing ask for more evidence or change the rules mid-way?
The situation
I am currently in the middle of a very stressful process regarding my asylum claim here in Canada. My first hearing with the immigration board was scheduled for three months ago, on the 12th of January, but it has been delayed several times. During my last meeting with the officer, they mentioned that they might need to look into certain details about my home country that weren't in my original application. I have already spent about $2,500 on translation services and legal help to make sure my paperwork was perfect, and I have submitted every single document they asked for during the initial programme. However, now I am worried because the person presiding over my case suggested they might want to call a specific witness or request extra information that I didn't think was part of the original plan. I have tried asking my representative if this is normal, but I am still confused. If the person running my hearing decides they need to do something extra to make sure everything is fair and complete, do they actually have the authority to just decide that on their own, or do they have to follow a strict, pre-set list of steps that cannot be changed?
Quick Summary
Yes, the person presiding over your hearing has the legal authority to request more information or witnesses. They are permitted to do whatever they consider necessary to ensure your hearing is full and proper.
Detailed Analysis
Statutory Citations
Legal Citation: Immigration and Refugee Protection Act § S.C. 2001, c. 27, s. 165 — Powers of a commissioner
"each member of those Divisions have the powers and authority of a commissioner... and may do any other thing they consider necessary to provide a full and proper hearing"View Official Legislation →
Legal Citation: Immigration and Refugee Protection Act § S.C. 2001, c. 27, s. 170 — Proceedings
"may inquire into any matter that it considers relevant to establishing whether a claim is well-founded; ... is not bound by any legal or technical rules of evidence"View Official Legislation →
Important Legal Disclaimer
General legal information, not formal legal advice. The information provided on LawAsked does not constitute formal legal advice and creates no attorney-client relationship. If you require legal assistance, please consult a licensed attorney in your jurisdiction.
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