Nechiporenko v. Canada ( Minister of Citizenship and Immigration )
IMM-4667-96
Gibson J.
18/8/97
6 pp.
Judicial review of CRDD decision applicant not Convention refugee-Applicant, Ukrainian, alleging fear of persecution based on religion-Applicant meeting Canadian citizen in Ukraine-Following return to Canada, Canadian citizen inviting applicant to Canada at his expense-Shortly after arrival in Canada, applicant severing relationship with Canadian citizen, applying for Convention refugee status-Canadian citizen undertaking extensive letter writing campaign to politicians, Immigration and Refugee Board, in which critical of applicant-CRDD determining to treat Canadian citizen's correspondence as evidence before it in respect of applicant's claim-At request of applicant's counsel, CRDD compelling attendance of Canadian citizen before it for cross-examination-Despite fact Canadian citizen lied when denied ever threatening applicant with violence, CRDD preferring his evidence to that of applicant-Dismissing application when unable to find applicant Jewish-Immigration Act, s. 69(2) providing wherever practicable, proceedings before Refugee Division shall be held in camera-Application dismissed-Statutory requirement for in camera hearing not breached-In camera hearing not equated to hearing at which only CRDD members, Refugee Claim Officer, translator, applicant, counsel present-Presence of Canadian citizen at request of applicant's counsel not making hearing otherwise than in camera-In camera defined as when judge hearing it in private room, or causing doors of court to be closed and all persons, except those concerned in case to be excluded-Here all persons, except those concerned in case, excluded-As witness, Canadian citizen person concerned in case-Inferences drawn by Tribunal not so unreasonable as to warrant intervention, findings not open to judicial review-Immigration Act, R.S.C., 1985, c. I-2, s. 69(2).