Likele v. Canada ( Minister of Citizenship and Immigration )
IMM-6582-98
Tremblay-Lamer J.
23/9/99
4 pp.
Transcript of hearing-Application for judicial review of Refugee Division decision applicant not Convention refugee-Applicant submitting fact hearing not recorded constitutes breach of principles of natural justice-Application allowed-In absence of statutory right to recording, courts must determine whether record before court allows court to properly dispose of application for appeal or review; principles of natural justice infringed where court has inadequate record upon which to base decision: Canadian Union of Public Employees, Local 301 v. Montréal (City), [1997] 1 S.C.R. 793-Absence of transcript determinative only in cases where defect prejudices in some way applicant's ability to present case for judicial review: Kulmiye v. Canada (Minister of Citizenship and Immigration), [1998] F.C.J. 105 (T.D.) (QL)-In case at bar, panel found applicant's testimony full of unlikelihoods, inconsistencies and contradictions-Applicant could not challenge finding when unable to refer to testimony at hearing because no transcript-No evidence to suggest applicant informed testimony going unrecorded.