CITIZENSHIP AND IMMIGRATION |
Immigration Practice |
Yakub v. Canada (Minister of Citizenship and Immigration)
IMM-5361-00
2001 FCT 1082, McKeown J.
2/10/01
6 pp.
Application for judicial review of CRDD's decision applicants not Convention refugees--Issue whether CRDD breached principle of natural justice by permitting hearing to stand after Minister's representative had participated in all oral evidence with understanding that CSIS officer would testify applicant had been involved in terrorist coup, and then, when CSIS officer to testify, dropped claim under UN Convention Relating to the Status of Refugees, Art. 1(F)(a), stating CSIS officer denied ever making such statement--Application allowed--Highly prejudicial to applicant to conduct Art. 1(F)(a) hearing based on proposed evidence of CSIS officer and then state after all evidence in that officer denies making statement in his proposed evidence and Minister rescinding Art. 1(F)(a) claim--Minister's counsel should have spoken to CSIS officer prior to any evidence being presented to ensure that case for exclusion had some merit--While would have been preferable if applicants' counsel had made objection during submissions to CRDD, clear from case law that failure of counsel does not always preclude review of matter by supervising court--Reviewable error and matter returned to be heard by different Board without reference to Art. 1(F)(a) claim--United Nations Convention Relating to the Status of Refugees, July 28, 1951, [1969] Can. T.S. No. 6, Art. 1(F)(a).