Bitumba v. Canada ( Minister of Employment and Immigration )
IMM-1023-93 / IMM-3906-93
Noël J.
25/2/94
5 pp.
Application for judicial review of Refugee Division decision allowing application to file document and dismissing application to withdraw, and of decision applicant not Convention refugee-Applicant, citizen of Zaire, refused to produce personal information file at hearing on his refugee status since document protected by professional secrecy-According to counsel for applicant, refusal prejudiced member of panel against her client which had direct impact on decision on merits; panel did not have unbiased approach inherent in its functions-Procedure to claim status under Immigration Act allows claimant to rely on professional secrecy when services of counsel used in order to more effectively assert his interests-Notes taken from claimant and prepared to enable counsel to assist him in making up personal information file very essence of solicitor-client privilege: sole purpose of such communications to enable counsel to represent interests of client-Our law ensures such communications confidential to guarantee information will be complete and without discrepancies as to facts related-Immigration Act, s. 67(2) and of Convention Refugee Determination Division Rules, s. 18(1)(m) do not have effect of overriding solicitor-client privilege-Threat made by panel that it would draw its conclusions if document not filed had effect of giving applicant reasonable grounds to believe panel not impartial-Decision dismissing applicant's refugee status application quashed and matter referred back to panel of different members-Immigration Act, R.S.C., 1985, c. I-2, s. 67(2)-Convention Refugee Determination Division Rules, SOR/89-103, s. 18(1)(m).