Rehman v. Canada ( Secretary of State )
IMM-1198-94
Gibson J.
16/3/95
7 pp.
Application for judicial review of Convention Refugee Determination Division (CRDD) decision applicants not Convention refugees -- Applicants claiming to be citizens of Kenya and alleging well-founded fear of persecution by reason of perceived political opinion and membership in particular social group -- At outset of hearing CRDD members stating applicants' identity and citizenship not at issue -- CRDD subsequently stating in reasons claimant failing to establish proof of Kenyan citizenship -- CRDD misleading applicants as to case to be made out, thus denying them reasonable opportunity to present evidence, question witnesses and make representations as to critical elements of their claim -- CRDD breaching duty to act fairly by denying applicants right to fair hearing and failing to fulfil statutory duty -- Court following Siloch v. Minister of Employment and Immigration (1993), 151 N.R. 76 (F.C.A.) holding denial of right to fair hearing must always render decision invalid, whether or not it may appear to reviewing court hearing likely to have resulted in different decision (general principle) -- To general principle additional requirement added (Yassine v. Minister of Employment and Immigration (1994), 172 N.R. 308 (F.C.A.)): whether nature of claim "hopeless" or whether outcome "inevitable" -- CRDD's additional findings of implausibilities in applicant's testimony cannot be divorced from finding regarding identity and nationality -- Application allowed.