Tambwe-Lubemba v. Canada ( Minister of Citizenship and Immigration )
IMM-1979-98
McKeown J.
15/4/99
6 pp.
Judicial review of Immigration and Refugee Board decision applicants, citizens of Democratic Republic of Congo (DRC), not Convention refugees-Hearing held on January 19; decision dated March 13; applicants delivering document containing information concerning risk faced by private ex-Zaïrian prosperous businessmen March 25; notice of decision signed April 3, 1998-Application dismissed-(1) Board functus, having no obligation to consider additional evidence after signed written decisions March 13-Rendering of decision distinct from sending of notice of decision-April 3 date irrelevant to question of when decision actually rendered-(2) Board under no continuing obligation to consider relevant evidence in its possession if not adduced by applicants, and not included in material before Board at time of hearing-Evidence copy of guidelines for refugees, asylum seekers from DRC available to applicants who could have submitted them earlier to board for consideration-Onus of proof on applicants to satisfy Board as to well-foundedness of claim-(3) Board not ignoring documentary evidence referring to situation after applicant left country-Board's findings open to it, setting out why not all of evidence to effect anyone viewed as supporter of Hutus at risk-Question certified: whether reversible error if panel of Refugee Division determining refugee claim pursuant to s. 69.1 ignoring documentation neither introduced into evidence by claimant nor in possession of panel, but coming into possession of Refugee Division after conclusion of hearing-Immigration Act, R.S.C., 1985, c. I-2, s. 69.1 (as enacted by R.S.C., 1985 (2nd Supp.), c. 10, s. 5; as am. by S.C. 1992, c. 49, s. 60)