Manimaran v. Canada ( Minister of Citizenship and Immigration )
IMM-4133-94
Simpson J.
21/06/95
10 pp.
Judicial review of CRDD decision applicant not Convention refugee as not credible witness and no credible basis to claim pursuant to Immigration Act, s. 69.1(9.1)-S. 69.1(9.1) providing if each member of Refugee Division hearing claim of opinion claimant not Convention refugee and no credible or trustworthy evidence on which member could have determined claimant Convention refugee, decision shall state no credible basis for claim-Mandatory provision meaning if no credible, relevant evidence, decision must so state-Whether notice to be given if Board finding section may apply-Notice should only be required if will serve purpose-Mathiyabaranam v. Minister of Employment and Immigration (1995), 94 F.T.R. 262 (F.C.T.D.), holding notice required as situation under s. 69.1(9.1) analogous to that when either internal flight alternative (IFA) or exclusion raised-Analogy not proposed herein-Consequences of finding under s. 69.1(9.1) severe-As matter of fundamental justice, notice ought to be given at conclusion of evidence or during submissions once Board realizes s. 69.1(9.1) may apply so that counsel may make submissions on circumstances in which s. 69.1(9.1) should or should not be applied-Application allowed-Question certified: When Board determining Immigration Act, s. 69.1(9.1) may apply, is it required to give notice to claimant? -Immigration Act, R.S.C., 1985, c. I-2, s. 69.1(9.1) (as enacted by S.C. 1992, c. 49, s. 60).