Mathiyabaranam v. Canada ( Minister of Employment and Immigration )
IMM-996-94
McKeown J.
27/3/95
4 pp.
Application for judicial review of Immigration and Refugee Board's decision applicant not Convention refugee -- Board finding number of implausibilities, few contradictions in claimant's testimony -- Most of findings on credibility open to Board -- Even if panel had correctly understood evidence with respect to two minor matters, credibility finding would have been same -- Application dismissed-Board finding no credible basis to applicant's claim under Immigration Act, s. 69.1(9.1) -- Board never informing applicant would consider issue of credible basis at hearing -- Board should give indication to applicant before or during hearing of intention to issue order under s. 69.1(9.1) -- Portion of judicial review with respect to finding of no credible basis to claim allowed-Applicant now eligible for membership in Post-determination Refugee Claimants in Canada class -- S. 69.1(9.1) not being applied consistently, regularly -- Notice best way of informing applicant credible basis issues being considered -- Matter within general public interest -- Question certified as follows: does s. 69.1(9.1) require Board to give notice that it is considering making finding of no credible basis or does section read otherwise? -- Immigration Act, R.S.C., 1985, c. I-2, s. 69.1(9.1) (as enacted by S.C. 1992, c. 49, s. 60).