Nadarajah v. Canada ( Minister of Citizenship and Immigration )
A-434-96
Strayer J.A.
2/3/99
2 pp.
Appeal from Motions Judge's decision holding documents on general country conditions not before IRB but considered by post-claim determination officer would constitute extrinsic evidence within meaning of Shah v. Canada (Minister of Employment and Immigration) (1995), 29 Imm. L.R. (2d) 82 (F.C.A.) only if documents to which applicant could not have had access and material to decision made-Motions Judge found documents available to applicants and of sort they should have anticipated as being subject to consideration by officer and certified question-Appeal dismissed-Since decision under appeal, F.C.A. had decided in Mancia v. Canada (Minister of Citizenship and Immigration), [1998] 3 F.C. 461 that such documents extrinsic evidence to be disclosed by officer only if novel and significant and demonstrate changes in general country conditions that may affect decision-These criteria appear consistent with those applied by Motions Judge herein, and his findings of fact would not bring documents herein within criteria for extrinsic evidence adopted in Mancia.