Chen v. Canada ( Minister of Citizenship and Immigration )
A-746-95
Stone J.A.
15/4/99
7 pp.
Appeal from Trial Division decision ((1995), 102 F.T.R. 24) dismissing application for judicial review of determination of Refugee Division appellant not Convention refugee-Question certified by Gibson J. whether audio tape recordings of refugee determination hearings constitute part of record-Motions Judge not erring in refusing to make audio tape part of record, listen to it in deciding matter before him-What appellant seeks by introduction of audio tape review of determination of Refugee Division not within applicable standard of review imposed on Trial Division-Standard not so broad as to have allowed Gibson J. to revisit facts, reweigh evidence-Central issue question of applicant's credibility-Witness whose credibility questioned by Refugee Division seen, heard by that body as triers of fact-As other triers of fact, they enjoyed unique advantages in making findings upon assessment of witness's credibility-Not to say tape recording of proceeding should never be accepted by court in challenge of decision of administrative tribunal-Assistance could be gained from such record, for example, to establish fundamental unfairness in conduct of hearing amounting to denial of natural justice-Gibson J. under no obligation to make audio tape part of record, to listen to it so as to allow himself to make independent assessment of appellant's credibility-Appeal dismissed, certified question answered in negative.