Razm v. Canada ( Minister of Citizenship and Immigration )
IMM-3796-98
Lutfy J.
17/3/99
6 pp.
Judicial review of denial of Convention refugee claim based on lack of credibility-Second of two tapes used to record CRDD's hearing misplaced-Canadian Union of Public Employees, Local 301 v. Montreal (City), [1997] 1 S.C.R. 793 holding where no statutory requirement for hearing transcript, courts must determine whether record allowing proper disposition of appeal, application for review-If so, absence of transcript not violating rules of natural justice-In absence of statutory right to recorded hearing, natural justice only infringed where court having inadequate record upon which to base decision-Application allowed-Neither Immigration Act nor Convention Refugee Determination Division Rules requiring recording of hearing-Tribunal chose to record proceeding-Partial transcript disclosing three apparently unsubstantiated findings by tribunal-No meaningful judicial review can be achieved with partial transcript which discloses potentially serious errors-Immigration Act, R.S.C., 1985, c. I-2-Convention Refugee Determination Division Rules, SOR/93-45.