Ousman v. Canada ( Minister of Citizenship and Immigration )
IMM-3504-94
Cullen J.
10/5/95
6 pp.
Application for judicial review of Refugee Division (Board) decision applicant not Convention refugee -- Applicant appearing without legal counsel-During hearing applicant given copy of package of documents relied upon by Board in rendering decision applicant not having objectively valid fear of persecution -- Applicant claiming denial of timely disclosure of documentary evidence preventing him from knowing case required to meet -- Board holding applicant's fear neither subjectively nor objectively well-founded -- Failure to disclose documentary evidence in advance of hearing amounting to denial of natural justice -- Although hearing adjourned for fifteen minutes to permit refugee hearing officer to speak with applicant, unreasonable to expect applicant to comprehend volume of material presented to him in such short time -- Applicant not having opportunity to tailor submissions to meet concerns raised by documentary evidence -- Positive finding of breach of principle of natural justice -- Application allowed.