CITIZENSHIP AND IMMIGRATION |
Status in Canada |
Convention Refugees |
Shergill v. Canada (Minister of Citizenship and Immigration)
IMM-1907-02
2003 FCT 24, Pinard J.
21/1/03
5 pp.
Judicial review of decision of Refugee Division of Immigration and Refugee Board (Board) determining applicant not Convention refugee as defined by Immigration Act, s. 2(1)--Board doubting credibility, finding internal flight alternative--Applicant relying on Tung v. Canada (Minister of Employment and Immigration) (1991), 124 N.Rl. 388 (F.C.A.) to argue Board failed to observe principle of natural justice or procedural fairness when reached decision without benefit of full transcript of hearing--Kandiah v. Minister of Employment and Immigration (1992), 141 N.R. 232 (F.C.A.) contradicted Tung--Supreme Court of Canada addressed conflict in Canadian Union of Public Employees, Local 301 v. Montreal (City), [1997] 1 S.C.R. 793: in absence of statutory right to recording, courts must determine whether record allows it to properly dispose of application for appeal or review--Neither Act nor Convention Refugee Determination Division Rules, 1993, require recording of refugee hearing--Therefore Court must determine whether record allows it to properly dispose of application for appeal or review--On evidence before it, reasonably open to Board to find applicant had not satisfied onus of demonstrating well-founded fear of persecution throughout India or that unreasonable for applicant to seek haven in safe parts of country--Conclusion alone sufficient to dismiss application for judicial review-- Immigration Act, R.S.C., 1985, c. I-2, s. 2(1) "Convention refugee" (as am. by R.S.C., 1985 (4th Supp.), c. 28, s. 1)--Convention Refugee Determination Division Rules, SOR/93-45.