Butt v. Canada ( Minister of Citizenship and Immigration )
IMM-475-97
MacKay J.
6/3/98
5 pp.
Application for judicial review of CRDD decision three applicants not Convention refugees-Issue procedural fairness-Panel's decision based on negative assessment of applicants' credibility-While presiding member of panel stated at outset credibility might or might not be issue, at end of first day's hearing, counsel for applicant asked Board to list issues on which she should make submissions, and panel did not then list credibility as issue-Counsel therefore did not address that issue on resuming hearing, indicating her understanding credibility not issue-Application allowed-Velauthar v. Minister of Employment and Immigration (1992), 141 N.R. 239 (F.C.A.) applied-There, Court found having indicated issue on which submissions should be made, not including credibility, tribunal could not render decision based on negative credibility findings, without providing opportunity for applicant to respond to its concern-Denial of that opportunity therein, as herein, denial of natural justice.