Diamanama v. Canada ( Minister of Citizenship and Immigration )
IMM-1808-95
Reed J.
30/1/96
9 pp.
Application for consent order quashing Convention Refugee Determination Division decision refusing to grant applicant refugee status-Disagreement as to text of order, applicant wishing to see some wording allowing panel rehearing claim to do so on basis of transcript of first hearing, respondent seeking wording in usual form, simply remitting claim back for rehearing and redetermination by differently constituted panel of Board-When counsel advised Court consent order would be sought, stated they planned only to address terms of order and if Court requested argument on any other issue, parties should be advised-However, Court not made aware notice should be given if Court wished representations on why consent was being given-Consent order granted-Not appropriate to limit therein Board rehearing application-Not appropriate to require second decision maker to accept credibility finding made by other (first) decision maker or to accept facts as found by earlier panel-Second panel must be free to conduct hearing as sees fit and to make decision on basis of evidence adduced before it-Second panel free to use transcript of first hearing for whatever purpose it wishes, but no order issued conditioning use required or appropriate.