Camacho-Souza v. Canada ( Minister of Employment and Immigration )
IMM-406-93
Wetston J.
28/2/94
5 pp.
Application for judicial review of decision of single member of Convention Refugee Determination Division (CRDD) dismissing applicant's motion for rehearing of claim -- Applicant, citizen of Mexico, arrived in Canada in 1989 -- Convention refugee status denied in 1991-Application for leave to appeal dismissed for failure to file affidavit on time -- Application for reconsideration of denial of leave application dismissed -- New counsel retained and rehearing application brought pursuant to R. 30 of Convention Refugee Redetermination Division Rules based on: (1) new evidence; (2) applicant not properly heard as suffered from post-traumatic stress syndrome resulting in ineffective communication -- Motion denied-No explicit statutory authority to reopen or rehear CRDD's decision-R. 30 cannot, in absence of specific statutory authority, provide basis for reopening or rehearing once final decision made -- Examination of finality of tribunal proceedings competing with opportunity to have new or additional evidence which may affect tribunal's findings in determination of whether to reopen hearing-Board member exercised discretion in allowing applicant opportunity to have new evidence heard and assessed by authoritative body, interpreted role correctly, assessed appropriate case law, addressed questions of natural justice, right to be heard, assessed whether new evidence might render original decision nullity -- Application dismissed -- Convention Refugee Determination Division Rules, SOR/89-103, R. 30.