Singh v. Minister of Employment and Immigration) [1985] 1 SCR 177 was a 1985 Supreme Court of Canada decision that is to this day arguably the most significant decision that Canada’s Supreme Court has made in the area of Canadian immigration and refugee law. The Facts The Appellants were a mixture of Sikh and Guyanese individuals who sought refugee status in Canada during the late 1970s and early 1980s. At the time, the Immigration and Refugee Board did not yet exist. Rather, asylum claimants submitted refugee claims directly to Canada’s immigration department, who would determine whether someone was a refugee based on advice received from the Refugee Status Advisory Committee. If the claimant was unsuccessful, they could appeal to the Immigration Appeal Board. Both the initial claim and the appeal were based on written submissions, and at the initial petition for asylum a claimant would also be questioned under oath by an immigration officer. Applicants were not allowed to make oral appeals. Nor could they respond to arguments made against them by the Refugee Status Advisory Committee. The Appellants in Singh argued that the lack of a hearing violated Canada’s Charter of Rights and Freedoms. The Supreme Court’s Decision The Supreme Court of … Read More