What are the relevant factors used to determine whether an applicant has a right to counsel at an immigration hearing?

Canada (Federal), Canada

The following excerpt is from Sandy v. Canada (Minister of Citizenship and Immigration), 2004 FC 1468 (CanLII):

The applicant argued Siloch v. Canada (Minister of Employment and Immigration), [1993] F.C.J. No. 10 (F.C.A.) which provides the following factors to be considered with respect to the right to counsel: 1. Whether the applicant has done everything in his or her power to be represented by counsel; 2. The number of previous adjournments granted; 3. The length of time for which an adjournment has been sought; 4. The effect on the immigration system; 5. Would the adjournment needlessly delay, impede, or paralyse the conduct of the inquiry; 6. The fault or blame to be placed on the Applicant for not being ready; 7. Were there any other previous adjournments granted on a peremptory basis; and 8. Any other relevant factors.

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