CITIZENSHIP AND IMMIGRATION |
Immigration Practice |
Tambwe-Lubemba v. Canada (Minister of Citizenship and Immigration)
A-279-99
Décary J.A.
14/11/00
3 pp.
Appeal on certified question ([1999] 3 F.C. D-20 (T.D.)) involving two issues--Board member already signing written reasons when Refugee Division receiving additional evidence from claimant--(1) For reasons given by McKeown J., once written reasons signed, Refugee Division's decision "rendered" within meaning of Immigration Act, s. 69.1(9)--Notification clearly, by words of statute, different process--Convention Refugee Determination Division Rules, R. 30 providing notice of decision to be signed by registrar, served "forthwith"--Decision therefore to be made "as soon as possible" under Act, and, once made, to be served "forthwith" under Rules--As already signed written reasons at time Refugee Division received additional evidence from claimant, Board member functus--(2) No evidence Board member saw document at issue prior to signing written reasons--No continuing obligation on Board member after conclusion of hearing and before signed written reasons to consider documents not filed at hearing but which had come into possession of Refugee Division in meantime--Appeal dismissed; certified question answered in negative--Immigration Act, R.S.C., 1985, c. I-2, s. 69.1(9) (as enacted by R.S.C., 1985 (4th Supp.), c. 28, s. 18; S.C. 1992, c. 49, s. 60)--Convention Refugee Determination Division Rules, SOR/93-45, R. 30.