CITIZENSHIP AND IMMIGRATION |
Status in Canada |
Convention Refugees |
Chalal v. Canada (Minister of Citizenship and Immigration)
IMM-5419-01
2003 FCT 345, Blanchard J.
26/3/03
18 pp.
Judicial review of Convention Refugee Determination Division (CRDD) of the Immigration and Refugee Board decision applicant not Convention refugee--Whether CRDD breached principle of natural justice by not giving applicant and her counsel sufficient time to familiarize themselves with Report on Algeria and by attempting to limit scope of testimony of both applicant and her brother-in-law-- Procedural fairness requiring disclosure be made to applicant within reasonable period of time prior to hearing to allow counsel to be well informed about allegations against applicant and to make full answer and defence--In cases dealing with late disclosure of documents to applicant, absence of any objection on that point would not compromise smooth conduct of hearing--Not necessary to object at hearing to late disclosure of document for injured party to plead breach of principles of natural justice--Each case will have to be assessed in accordance with its own particular circumstances--Applicant had no prior knowledge of report and nothing seems to indicate that it would have been otherwise available to her--Applicant and her lawyer did not have enough time to carefully read 33-page document, assimilate its contents, adequately respond to it and prepare their witnesses accordingly in time given to them--In this case, impossible for applicant to respond to allegations in Report on Algeria as report only given to her at beginning of hearing--Therefore, Court of view that applicant did not have just and fair hearing--Reviewable error, failure to disclose document to applicant within reasonable time before hearing, procedural error having decisive impact on outcome of application--Fact that disclosure of document in question did not occur until beginning of hearing clearly showing not done in timely manner, constituting denial of right to fair hearing, rendering CRDD decision invalid--Application for judicial review allowed, matter remitted for reconsideration by differently constituted panel.