Park v. Canada ( Minister of Citizenship and Immigration )
IMM-7546-93
Cullen J.
20/12/94
6 pp.
Application for judicial review of credible basis panel ("panel") determination no credible basis for South Korean applicant's Convention refugee claim-Applicant's file part of refugee claims backlog-Panel correct in weighing evidence to assess credibility-Confusion arising as to exact translation of applicant's statements regarding relations with government-Member of panel replaced mid-way through proceeding; new panel member relying only on transcript with respect to statement-Error in translation-New panel member not hearing original exchange between members and translator-Basing part of decision on incorrect translation approaching violation of principles of fundamental justice-Credibility best assessed in oral hearing-Where credibility at issue, oral hearing imperative to ensure compliance with principles of fundamental justice-Application allowed-Immigration Act, R.S.C., 1985, c. I-2, s. 46.01(6) (as enacted by R.S.C., 1985 (4th Supp.), c. 28, s. 14).