ADMINISTRATIVE LAW |
Judicial Review |
Richard v. Canada (Minister of Citizenship and Immigration)
IMM-48-02
2002 FCT 967, Layden-Stevenson, J.
13/9/02
5 pp.
Transcript of hearing--Judicial review of CRDD decision rejecting claim for Convention refugee status--Preliminary motion regarding CRDD hearing transcript that was unavailable because of technical difficulties--No statutory right to recording--Whether record before Court allowing it to dispose of application--Test whether applicant would be denied ground of review by absence of transcript--Standard that of serious possibility: Canadian Union of Public Employees, Local 301 v. Montreal (City), [1997] 1 S.C.R. 379 --Application allowed--Some of applicant's arguments relating to apparent inconsistencies and contradictions of applicant's evidence before CRDD, particularly relating to ethnicity, could not be reviewed without benefit of transcript --Also, panel member's findings regarding incidents offered by applicant as basis for fear of persecution based on inconsistencies, contradictions, evasiveness--Difficult to evaluate whether CRDD erred in findings without transcript-- Threshold of serious possibility passed.