Bhuiyan v. Canada ( Minister of Employment and Immigration )
92-A-6737
MacKay J.
5/5/94
9 pp.
Application for order to vary previous judgment or order so it can certify serious question of general importance in accord with Immigration Act, s. 83(1); applicants requesting application be heard at oral hearing on basis issues raised sufficiently novel and complex -- Question for certification concerning appropriate test in assessing changes in country conditions warranting rejection of claim to Convention refugee status -- Application should be dealt with on basis of written submissions herein in accord with directions and without oral hearing: circumstances novel but issues raised not complex and may be dealt with on basis of submissions made in writing, without prejudice or injustice to applicants -- Application to vary based on discovery of recent F.C.T.D. case (Hassanzadeh-Oskoi v. Canada (Minister of Employment and Immigration) (1993), 65 F.T.R. 113 (F.C.T.D.)) where question on change in country conditions certified -- Ordinarily, failure to discover and refer to relevant case law not providing basis for claiming subsequent discovery is new matter warranting review of order under Federal Court Rule 1733 -- Not always easy to discover recent case law of Federal Court in regard to immigration matters even by exercise of diligence -- Each case must be considered on own facts but consistency in decisions of judges important if underlying facts of different cases clearly similar -- Not persuaded appearance of inconsistency among Trial Division decisions in relation to issue of change in country circumstances significant when one considers test ultimately to be applied in assessing whether there is objective basis for claimant's fear -- Unlike Tribunal in Hassanzadeh-Oskoi, panel herein did refer to other documentary evidence not supportive of its conclusion and set out reasons why changes were effective to preclude reasonable fear of persecution in light of evidence adduced -- Application dismissed -- Federal Court Rules, C.R.C., c. 663, Rule 1733 -- Immigration Act, R.S.C., 1985, c. I-2, s. 83(1) (as am. by S.C. 1992, c. 49, s. 73).