Dervishi v. Canada ( Minister of Citizenship and Immigration )
A-910-96
Robertson J.A.
1/3/99
2 pp.
Appeal from Motions Judge's decision allowing application for judicial review ((1996), 122 F.T.R. 52)-According to principles in Mancia v. Canada, [1998] 3 F.C. 461 (C.A.) following certified question should have been answered in negative: whether immigration officer conducting review pursuant to PDRCC (Post-Determination Refugee Claimants in Canada) Class Regulations violating principle of fairness as enunciated by Federal Court of Appeal in Shah v. Canada (Minister of Employment & Immigration) (1994), 170 N.R. 238 (F.C.A.) when considers documentary evidence about general country conditions not contained in applicant's immigration files and which post-date, in terms of publication, date of submissions by or on behalf of person in respect of whom review conducted, without advising that person of intention to consider that evidence, and without providing that person opportunity to respond to same-Post-determination refugee process not adversarial; duty of fairness not demanding type of disclosure sought herein-Needless litigation over whether post-submission evidence novel, significant, could be avoided if officers either abstained from using such evidence or by supplying it to claimants, and correlatively, by giving them opportunity to respond before making final determination-Appeal allowed.